TERMS & CONDITIONS

1. These terms

1.1. These are the terms and conditions on which we provide our services to you (“Services”). The “Services” may include yoga classes, life coaching or spiritual teaching sessions, retreats, courses or workshops.

1.2. Please read these terms carefully. If you have any questions concerning the terms, please let us know before booking any Services.

1.3. Please note that the Services are aimed at those aged 16 years and over. If you are under the age of 16, you should not book our Services.

1.4. These terms constitute the entire agreement between us and supersede and extinguish all previous terms, agreements, discussions and writings between us regarding the Services. We reserve the right to amend these terms from time to time.

1.5. You can contact us by writing to us at mehul@yogawithmandm.com.

2. Fitness and Medical Self-Assessment Form

2.1. If you have any concerns about your physical condition and whether or not you should be booking a Service, please seek medical advice prior to booking. In particular, if you are pregnant, you should not book onto a yoga class without consulting with your medical professional and with us first. If you suffer from high blood pressure or cardiovascular conditions, you should not book onto a yoga class without discussing it with a medical professional first.

2.2. Before we provide any Services to you, we may ask you to complete a medical self-assessment form. This will record details, as stated by yourself, as to your current state of health and any medical conditions you have. Alternatively, we may ask you to self-certify that you are fit and able to participate in the Services. You must ensure that the information that you provide on the medical self-assessment form or self-certification is accurate at all times, and that you let us know as soon as possible if there are any changes to the information that you have provided.

2.3. On completion of the medical self-assessment form or self-certification, you accept the risk of injury from performing exercises in the Services. We will not be responsible for any physical injury caused by the Services, except in instances of negligence.

2.4. Please note that after you have provided the medical self-assessment form, we may decide that the Services are not medically safe for you to undertake. In such cases, we may refuse access to Services.

3. Online Services

3.1.  Our online Services are provided for your personal use only. You must not copy or record any of our online Services or content, or make them available for playback outside of our online platform.

3.2. We cannot guarantee that our online platform, or any content on it, will always be available or uninterrupted. We may need to suspend, withdraw or restrict the availability of all or any part of my online platform due to factors outside our control. In this situation, we will try to give you reasonable notice of any suspension or withdrawal, and to move the content to another online platform.

4. Face To Face Yoga Classes

Students are required to bring their own yoga mat to classes. Please note that classes start promptly at the scheduled time. If you arrive after the class has commenced, you may not be permitted to enter that class.

Please note that any fees (trial, term or drop-in) are not refundable under any circumstances.

However, we do offer a swap facility, whereby you can cover up any classes you miss. Please contact us for more details on how the swap facility works.

5. Disclaimers

5.1. Please note that the information and advice that we provide is for informational purposes only, and should not be construed or substituted for medical advice, psychological counselling or any other type of therapy or professional advice. We do not provide medical advice, diagnosis or treatment and, if you have any concerns about a medical condition, please consult with your GP or other qualified medical advisor. Please do not disregard professional medical advice or delay seeking it because of something you have read or seen as a result of our Services.

5.2. Whilst we hope that you will be happy with the Services, we cannot give any guarantees about any particular results or outcomes. Any testimonials, results or examples shown on our website are only examples of what may be possible as a result of the Services.

5.3. Once we have a better understanding of your needs, we may revise methods or parts of the Services. For best results, we ask that you remain open minded to the methods and Services that we propose.

5.4. If we recommend any third party products or services to you, please note that these are recommendations only and we are not liable for any services provided to you by any third parties.

6. Refusal of Entry

If at any time before or during the Services we consider that you appear to be unwell, you fail to follow our reasonable instructions (such as not following instructions intended to protect your, our or another person’s safety), or you are behaving or acting unreasonably, then we may not permit you to participate in a Service. In such instances, you shall not be refunded for the cost of the Services.

7. If we cancel

7.1. On rare occasions, we may have to cancel a scheduled Service. For example, if we become unwell or take a holiday. We will ensure that, where possible, we arrange for an alternative instructor to take our place. However, if we are unable to secure a replacement instructor, we will offer you another scheduled Service without further charge to you, or offer you a refund or credit for that scheduled Service for the period of time that we are unavailable. Please note that we will not be responsible for any other costs that you have incurred from the cancellation.

8. Refunds

Unless otherwise stated on the booking page, all Services are non-refundable. All Services are personal to you and are non-transferable.

9. Limitation of Liability

9.1. Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to negligence by us.

9.2. we will not be responsible for any injury to you, except in so far as such injury is by law incapable of exclusion. we will compensate you for any loss or damage that you may suffer if we fail to carry out duties imposed on us by law, unless that failure is due to:

(a)  something that you have done;

(b)  a third party unconnected with the provision of Services; or

(c)  events which we could not have foreseen or avoided even if we had taken all reasonable care.

9.3.  If you decide to bring any personal belongings with you, please note that you are responsible for the safety of your belongings. We are not responsible for any loss or damage to them, except in so far as such loss or damage is by law incapable of exclusion.

10. How we may use your personal information

10.1.  When you provide us with your personal data, we will only use it in the ways described in our Privacy Policy.

10.2.  We shall act as data controller for all personal information you provide to us from time to time.

10.3.  You acknowledge and agree that we may provide your personal information to third parties subcontracted by us for purposes connected with our business, provided that any such third party is subject to appropriate obligations of confidentiality.

11. Intellectual Property Rights

11.1.  All intellectual property rights (including without limitation text, graphics, photos, sounds, and the like) in or arising out of or in connection with the Services is owned by us. For the avoidance of doubt, that includes any course materials or videos that we provide you with access to.

11.2. From time to time, we may ask you to participate in promotional photography and/or commentary. Participation in this is entirely voluntary and you may withdraw your consent at any time. If you agree to participate, you consent to the capture of your image / use of your comments, and you agree that we may subsequently process (or authorise the processing of) such photographs or commentary, for marketing purposes.

If you bring someone under the age of 16 years with you to participate in the Services, you agree that we may process any photographs of that individual, or any commentary that they may make, for marketing purposes. Any personal data will be processed in accordance with all applicable data protection laws and my privacy policy.

12. Complaints

12.1. If you are unhappy with the Services that we provide, we hope that you will discuss any problems or issues with us, or with those who are directly involved, first. You should not discuss complaints with other students within or outside of the class or session. Generally complaints are resolved more easily and effectively at an early stage and by those who have a direct influence on the situation.

12.2.  If a complaint cannot be resolved as above, a copy of the complaints form can be made available on request.

12.3.  If you wish, you may at any time commence court proceedings. If so, you must do so within the courts of England and Wales. This contract is governed and construed by the laws of England and Wales.

WEBSITE TERMS

Welcome to the www.yogawithmandm.com website (the “Website”). The terms “we”, “us” and “our” refer to YogawithMandM.com. The term “you” refers to the individual(s) visiting the website and/or contributing content on this Website.

This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read this Agreement carefully. If you do not accept all of these terms and conditions, you are not authorised to use this site.

We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement in accordance with the Terms and Conditions herein and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

We will provide you with access to the Website in accordance with these Conditions.

1. YOUR OBLIGATIONS

You:
1.1 agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality, copyrights or rights of privacy);
1.6 will not create and publish a hypertext link to any part of the Website or attempt any unauthorised access to any part or component of the Website; and
1.7 agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

2. INDEMNITY

2.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.

3. OUR RIGHTS

We reserve the right to:
3.1 modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or.
3.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

4. THIRD PARTY LINKS

4.1 In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
4.2 We will always take the above licensing objectives into account and always act in a manner that is consistent with the above licensing objectives.
4.3 All offers and promotions advertised on yogawithmandm.com are subject to the individual sites’ terms and conditions.

5. MONITORING

5.1 We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

6. YOUR DATA

You should be aware that:
6.1 if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and
6.2 if you agree by ticking the appropriate boxes on your registration form, we may pass your Personal Information or details of your use of the Website to other companies in our corporate group for analysis and/or to enable them to contact you about products or services which may be of interest to you.
6.3 we reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
6.4 Yogawithmandm.com will always endeavour to operate in full accordance with The Data Protection Act (1998)

7. THE WEBSITE

7.1 All trademarks are the property of their respective owners and appear on Yogawithmandm solely for the purpose of identifying the providers of the sites.
7.2 Participation in Yogawithmandm.com is 100% free. There are no fees associated with using our website.
7.3 Yogawithmandm.com reserves the right, in its sole discretion and without notice, to add new features or to discontinue any feature at any time.

8. PROMOTIONAL EMAILS AND NEWSLETTERS

8.1 If you have opted-in to our promotional emails and newsletters, you are giving consent to Yogawithmandm.com to send you information about products and/or services that may be of interest to you. Yogawithmandm.com will generally send 2 to 3 emails a week.
8.2 You also agree to the terms and conditions of the privacy statement that govern how your information will be processed.
8.3 You must be a UK resident and aged over 18 years of age to receive our email and newsletters.
8.4 There are no fees associated with receiving emails and newsletters regarding products and/or services that may be of interest to you. It is 100% Free.
8.5 Yogawithmandm.com reserves the right to cease sending you emails and newsletters at any time for any reason.
8.6 Users are required to provide a valid email address and are limited to one account per person.
8.7 You can unsubscribe from receiving emails and newsletters at any time.
8.8 Yogawithmandm.com will not pass on your details to any third parties.

9. INTELLECTUAL PROPERTY AND RIGHT TO USE

9.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
9.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
9.3 The Website is Copyright, © Yoga with Miti and Mehul. All rights reserved.

10. NOTICES

10.1 You may send us notices under or in connection with these Conditions:
By email to mehul@yogawithmandm.com

11. DISCLAIMER & LIMITATION OF LIABILITY

11.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.
11.2 The Website is provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
11.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
11.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law.
11.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
11.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party’s hyper-text link.
11.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
– any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
– any loss of goodwill or reputation; or
– any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
11.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

12. SEVERANCE

12.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.

13. WAIVER

14.1 Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.

14. SURVIVAL

14.1 Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

15. ENTIRE AGREEMENT

15.1 These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

16. LAW

16.1 The Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions. The personal information you provide by submitting this form will be collected by Yogawithmandm.com who may (i) pass your details to certain third parties to assist them in analysing use of the Website and enabling them to contact you about products or services which may be of interest to you and (ii) use it in accordance with our privacy policy.