General Terms and Conditions: Sami Rich of Your Peak Yoga
These terms and conditions apply to Services provided by Sami Rich / Your Peak Yoga of The Junipers, 18 Lower Broadmoor Road, Crowthorne, RG45 7HD England.
You may contact us at yourpeakyoga@gmail.com or 07736 051338.
These terms and conditions apply to the sale and use of the Services. Please read these terms and conditions carefully before purchasing an Online Class or Taught Class.
By using the Services, you confirm that you agree to be bound by the terms of this agreement. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
1. Definitions
“Class Materials” means the information provided by Sami Rich to accompany a Class provided as part of the Services in hard copy or electronic form.
“Class Pass” means a virtual ticket redeemable by you in exchange for a slot to participate in one of the Online Classes. You may purchase multiple Class Passes at once [for a reduced price], to allow you access to an entire month of Online Classes (“Monthly Pass”). The pricing of the Class Passes and Monthly Passes is available online on the Website, on relevant social media pages used by Sami Rich to advertise and promote information relating to the Services, and as otherwise communicated to you by Sami Rich.
“Prices” means the varying fees paid by you to Sami Rich for the Class Pass, Monthly Pass, Taught Class or the Products.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, and other intellectual property rights (registered or unregistered) throughout the world.
“Online Class” means the delivery by us of an individual online yoga class which participants shall attend remotely. Purchasing a Online Class shall mean the redeeming of a Class Pass in exchange for attendance at an Online Class. Online Classes shall be available on Webex. You can find instructions on using Webex on the Webex website: https://help.webex.com/en-us/n62wi3c/Get-Started-with-Cisco-Webex-Meetings-for-Attendees
“Products” means any yoga goods or products available for purchase on the Website.
“Services” means the provision of the Online Class or the Taught Class or the Class Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Taught Class” means a yoga class taught by us in a classroom setting to which you attend in person.
“Website” means http://www.yourpeakyoga.com/
“you” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services is available on our Website. The dates and times on which the Services are to begin shall be communicated to you in advance by us via email or phone. 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.
2.4 In the event that you purchase a Monthly Pass and do not use the full month of Class Passes, you will be entitled to roll over the remainder of the Class Passes to be used the next month at a replacement class. Unused Class Passes may only be rolled over to the next month and shall expire two months after purchase.
Purchasing Services via the Website
3. Ordering Services
3.1. In order to purchase any of the Services or Products on-line, you must use PayPal or credit or debit card via Stripe to pay for the Services. We will not hold any payment details ourselves.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.
4.2. If you have purchased a Class Pass and have already accessed, downloaded all or part of the Online Class or started to use that Online Class then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of Class dates will be at the entire discretion of Sami Rich.
5. Prices
5.1. The Prices for the Services and Products shall be as set out on the Website, on social media pages such as Facebook, or as told to you over the telephone at the time you placed an order for them. Sami Rich reserves the right to change these Prices from time to time.
5.2. We are not VAT registered, therefore no VAT is chargeable in addition.
5.3. Prices for the Service and Products selected purchased over the telephone or on the Website shall be debited from your credit / debit card at the time of purchase. The Prices must be paid for in full prior to you attending any Taught Class or accessing any Online Class.
5.4. Any Prices charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Sami Rich shall not be responsible for these.
5.5. You shall be responsible for all costs you incur in connection with your attendance at any Taught Classes or your access onto any Online Class.
5.6 For all purchased of Products or Services from outside of the UK, you shall be liable to pay any tax or import duties as applicable.
6. Liability
6.1. Although Sami Rich aims to provide the Services and Products to the highest standards of the industry, Sami Rich does not accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Class 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, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.2. Except to the extent that is expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services and Products. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.3. Subject to clause 6.5 below, each party’s total liability arising from or in connection with these terms and conditions and in relation to anything which either party may have done or not done in connection with these terms and conditions and the delivery of the Service and Products (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Prices received by us in connection with the relevant Online Class or Taught Class in relation to which a dispute has arisen.
6.4. Nothing in this Agreement shall exclude or limit either party’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 or Products concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Class Materials, Online Classes and the speeches made by trainers at the Taught Classes are, and remain, the intellectual property of Sami Rich or its licensors, 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 Class Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Class or Taught Class given
(iii) use the Class Materials in the provision of any other Class or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Sami Rich on the Class Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Classes.
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 Services, including but not limited to access to the Online Classes.
7.3. In consideration of the Prices paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Class Materials and the software in respect of the Online Class for the sole purpose of completing the Online Class or attending the Taught Class.
8. Disclaimer
8.1 Physical exercise, in all of its forms and with or without the use of any equipment that may be suggested by Sami Rich, is a strenuous physical activity. Accordingly, you are advised to seek the instruction 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 Service. Sami Rich does not run a medical organisation and no part of the Service constitutes, is intended to be construed as, or should be used as a replacement for, medical advice or a medical diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing the videos and engaging in the online exercise classes.
8.2 By using the Service, 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 sole responsibility to judge your physical and mental capabilities for such activities, and that Sami Rich shall have no liability whatsoever resulting from any damage or injury (mental or physical) caused to you in your use of the Services. It is your sole responsibility to ensure that by participating in classes, courses, programs, and activities from Sami Rich you only remain mindful of your individual skills and abilities, as well as for any mental or physical conditions or limitations you have, and participate at a level of activity in accordance with the aforementioned limitations and conditions. You understand that, from time to time instructors 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 your physical and mental condition. You agree that your use of the Service shall be at your sole risk.
9. Products
9.1 We do not make any warranty or guarantee as to the suitability of any Products sold for any particular purpose. The Products we sell may not be suitable for everyone, and you are solely responsible for determining the suitability of the Products you purchase for you.
9.2 We do not make any guarantee that all Products listed on the Website shall be available at all times.
9.3 You do not own the Products until we have received your payment in full.
10. Return of Products
If you receive a faulty Product you are entitled to a full refund or a replacement Product, subject to you notifying us that your Product is faulty within 3 days of the delivery of the Product, and you returning the faulty Product to us within 14 days of your purchase, complete with the original packaging and a copy of your order confirmation. Upon receipt of the returned faulty Product we will (at our sole discretion) give you a refund (including a refund of the postage costs) or a replacement Product.
You are entitled to return unsuitable unused Products within 14 days of the date of your purchase of said Products, subject to you returning these Products to us along with a copy of your order confirmation. Upon our receipt of the returned Product, we will provide you with a full refund within 10 days. In the event that you return an unfaulty Product, Sami Rich shall provide you with a full refund of the purchase price, but shall be under no obligation to refund you the cost of the postage. Customised Products, such as the personalised cork yoga mats are non-refundable.
11. Entire Agreement
These terms and conditions, together with any policies referenced herein 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.
12. Force Majeure
We shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a Class caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
13. Data Protection
13.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). All Data shall be processed in accordance with our data protection policy, which is available at www.yourpeakyoga.com/privacy-policy
13.2. If you wish to change or update the data we hold about you, please e-mail yourpeakyoga@gmail.com.
14. Law and Jurisdiction
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.
15. Notices
You can contact us by any of the following methods:
Email: yourpeakyoga@gmail.com
Post: The Junipers, 18 Lower Broadmoor Road, Crowthorne, RG45 7HD England
Telephone: 07736 051338