Terms and conditions | Yogawithvanni

LEGAL ISSUES

This page together with any documents referred to in it sets out the terms of business on which we supply any services to you via our www.yogawithvanni.com .You should read these terms of business carefully and in full before ordering any Services via the site. By ordering any of our Services, you agree to be bound by these terms of business.

1. Who are we

The Site is a website operated by Ivana Zrinski at Yogawithvanni.com.

2. Who you are

By placing an order through the Site you warrant to us that:

· you are legally capable of entering into binding contracts;

· you are at least 18 years old.

3. Our contract

Once you have placed your order, we may send you an e-mail acknowledging receipt. Please note that this does not mean that we have accepted your order. Your order constitutes your offer to us. All orders are subject to acceptance by us and any such acceptance will be made by sending you an e-mail or confirmation via other means.

4. Price and payment

4.1 The price of any Services will be as quoted on the Site in pounds sterling (£), except in cases of obvious error where we will not be bound by the erroneous price. The price must be paid prior to any order being finalised.

4.2 The prices quoted are inclusive of VAT (if VAT is applicable).

5. Cancellation policy (please note separate class cancellation policy later in the document)

5.1 Your legal or statutory rights are not affected by any of the following.

5.2 You may have a right to cancel a contract between us, which is subject to these terms and conditions, pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This clause on cancellation rights only applies to orders made via our website.

5.3 The cancellation period will expire after 14 days from the day on which you order any Services. You hereby request that the Services be provided to you before the end of any cancellation period that may be available to you. You acknowledge that you will lose any cancellation rights that you may have, once the Service has been completed.

5.4 To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the right to cancel before the cancellation period has expired.

5.5 If you cancel the contract, we will reimburse to you all payments received from you, subject to us retaining part payment on a pro rata basis for any Services already provided prior to cancellation.

5.6 We will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel the contract.

5.7 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.

6. Termination and remedies

Without prejudice to any other rights or remedies which we may have, we may terminate this agreement, without liability to you (and without any obligations to you regardless of whether they existed before the breach) and without refund of any monies, immediately on giving notice to you if you should be in breach of any of the terms of these terms and conditions.

7. Events outside our control

7.1 We do not accept any liability for any failure to perform or delay in performing any of our obligations under a contract between us where such failure or delay is caused by events outside our control (“Force Majeure Event”).

7.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our control and includes in particular (but without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, or the acts, decrees, legislation, regulations or restrictions of any government.

7.3 Our performance of any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

8. Law and jurisdiction

Contracts for the purchase of Services through the Site will be governed by the law of England and Wales. Any dispute arising from, or related to, such contracts (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England.

WAIVERS RELATING TO SPECIFIC ISSUES

Personal Belongings and Safety

Neither Yoga with Vanni nor its employees or agents, shall be liable for any loss, damage or theft of any property (including bicycles) brought onto or left outside the premises. For security reasons customers may take personal belongings and valuables into the yoga and treatment rooms.
All mobile phones must be switched off.

Fitness and Health

Yoga with Vanni staff and teachers are not medically trained and are therefore not qualified to assess whether a customer or any guest is in good physical condition and/or that the member can engage in any exercise without detriment to the customer’s health, safety, comfort or physical condition. Please however notify your teacher of any health issues prior to the start of the class.
Customers are advised not to undertake physical activities without first seeking medical advice if they have concerns over their physical condition. By taking part in classes, workshops and trainings held at Yoga with Vanni customers agree that they know of no medical or other condition why they should not be capable of participating in the exercises offered by Lumi Power Yoga, and that these would not be detrimental to the Customer’s health, safety or physical condition.
Yoga with Vanni reserves the right to refuse access to any Customer if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of such facilities.
Customers shall not practice with Yoga with Vanni if they are suffering from: low/high blood pressure and/or cardiac irregularities, any infectious or contagious illness, disease or other ailment where there is a risk, however small, that such ailment may be detrimental to the health safety, comfort or physical condition of the other customers. If there is any doubt, the customer should consult their doctor. Customers must notify Yoga with Vanni of any circumstances affecting their health.
Medical reason refunds, may instead be given in credit with amended dates, or we may allow transfers to other persons, at our absolute discretion. Refunds may be partial only if some classes have already been taken.

Pregnancy

We recommend not to start power yoga practice as a beginner when you’re pregnant. Regular non-pregnancy classes on the schedule are not to be attended during the first trimester of pregnancy. Where a practitioner had a strong practice before pregnancy, they may attend regular classes after the first trimester. In this case we request that the teacher is informed and that the practitioner agrees to and signs a specific waiver with the following points:

I understand there is an inherent risk associated with any exercise programme including my voluntary participation in yoga that may result in injury. The exercises related to yoga will challenge my cardiorespiratory and musculoskeletal systems associated with: the aerobic, anaerobic, strength, power, agility, flexibility and breathing components of the programme. I understand and am aware that the components of yoga may cause injury.
I will take accountability for alerting the teacher of any injury or impairment in advance before class begins.
I acknowledge that I have either had a physical examination and/or have been given permission from my doctor to participate in a yoga based exercise programme or that I have decided to participate in an exercise programme voluntarily and without the approval of my doctor and do hereby assume all responsibility for participation in yoga exercise associated with Lumi Power Yoga Limited.
I and my legal representatives hereby waive and release Lumi Power Yoga Limited from any and all liability and responsibility from injury, accident, illness, legal and medical fees sustained now or in the future resulting from my participation in yoga.

Availability of Classes

We may change our hours for operational reasons. All classes are subject to availability and we may limit availability for health or operational reasons.

Livestreaming

For those attending classes via livestream, please note that other people at the venue or other people using or viewing the livestream can see that you are using our service via livestream and may see your name or other personal information which is shown via the livestreaming platform you use.
For those attending classes at a studio, please note that other people may see your attendance at the venue. They may also record on their device, screenshot or otherwise do matters with the video that we cannot prevent. Lumi Power Yoga may also record the classes and share them with other customers.
For those attending livestreaming we recommend you have your videos on so that we can guide and give ques to suit your personal practice. If you choose to switch off your video, Yoga with Vanni does not hold any responsibilty for your yoga practice.
Please see our Privacy Policy further below.

Limitation of Liability

In consideration of Yoga with Vanni allowing me to participate in its classes and use its facilities, I agree to the limitations and exclusions of liability set out below, which cover all liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
Yoga with Vanni will not be liable to me in respect of any personal injury (including without limitation serious injury or death) that I may suffer or sustain directly or indirectly as a result of attending any class(es) or using the facilities.
Yoga with Vanni shall not be liable to me in respect of any other losses arising as a result of any such personal injury including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
Yoga with Vanni will not be liable to me in respect of any special, indirect or consequential loss or damage.
If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, that clause shall be deemed to be deleted and the other sections of this disclaimer continue in effect. Our liability to you in connection with any Services purchased through the Site or at the Studio is strictly limited to the purchase price of the Services in question.
We do not exclude or limit in any way our liability to you:
- for death or personal injury caused by our negligence;
- or any matter in relation to which it would be illegal for us to exclude, or attempt to exclude, our liability.

Cancellations with all bookings:

Classes cancelled up to 24 hours before the start of the class will be returned to your class bundle and Drop-in payments will be returned as credit to your account.
Classes cancelled less than 24 hours before the start of the class and no shows will be charged to your class bundle or to your drop in pass.
No refunds except for medical reasons and with proof of medical certificate
Classes booked via third parties, will not be cancelled or changed by Yoga with Vanni

This is the Privacy Policy for Yoga with .We shall refer to this company as any of the following: Yoga with Vanni we, us or our. This Privacy Policy explains in detail how we collect personal data, the reasons for this collection, the legal basis for processing and how we handle and maintain the security of the personal data we process. It is likely we will need to update this privacy policy from time to time.

How to Contact Us

For the purpose of relevant data protection legislation, we are the controller of the personal data you provide to us and as a controller, we use the personal data we hold on you in accordance with this Privacy Notice. If you wish to access or correct your personal data held by us or if you need to contact us in connection with our use of your personal data, then these should be directed to the Data Privacy Manager using the following details: By email: yogawithvanni@gmail.com

What Information Do We Collect and Why?

We do not collect more information than we need to fulfil our stated purposes and will not retain it for longer than is necessary. The personal data we hold includes personal data you provide to us in person, via our website or by telephone, including personal and contact details (such as your first name, last name, date of birth, gender, billing address, email address, mobile number, health details) you supply when booking a class, signing up for the first time and signing up to our newsletter. Aside from health data, we regard the use and processing of the above personal data within the obligation of a contract entered into with us when purchasing our services. Without out it, we could not provide the services we do (i.e., yoga classes, trainings, workshops, etc.). We may use this information for the purposes of providing, monitoring, assessing and marketing Yoga with Vanni. We may also use your personal data to inform you of information, new features, offers, services, and products from Yoga with Vanni from time to time. If you do not wish to receive information regarding offers and studio news, you can opt out from our newsletter at any time. We collect special category health data optionally as it may be in the vital interest of a data subject should there be a risk to health and where these details may prevent further injury or risk. We do also collect financial data which includes personal data which relates to your finances, such as your bank account and payment card details and information which we collect from you for the purposes of the prevention of fraud.

How Do We Obtain Your Personal Data?

We obtain your personal data directly from you, either in person (at our studio or otherwise), via our website or by telephone. This could include personal data which you provide when you:

Purchase our products or services
Create an account on our website
Subscribe to our newsletter
Request information on our services or products or for other marketing to be sent to you
Enter into a competition or promotion
Complete a survey from us or give us feedback

Data Retention

Whenever we collect or process your personal data, we will only keep it for as long as is necessary for the purpose for which it was collected. In most cases this is for the length of time that you continue to use our services. At the end of that period, your data will either be deleted completely or anonymised, for example by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis.

Who Do We Share Your Personal Data With?

We will not sell, share, rent or otherwise distribute any personal information to third parties. Any information supplied by you to us via this website will only be used in accordance with the General Data Protection Regulation.

Live Streaming

As noted above in our Terms and Conditions, we may livestream classes at our venue and personal data about you may be obtained by us, other customers and third parties which we cannot prevent. You give us your consent to livestream by signing the Terms and Conditions.

Data Security

We recognise the importance of data security and take measures to ensure the security of personal data. Access to your personal data is password-protected, and only those with permission are granted access. Any misuse of personal data is considered a disciplinary offence and a full investigation is automatically entered into.

How Can You Access Your Data?

We try to be as open as we can be in terms of giving people access to their personal information. Subject to applicable law including relevant data protection laws, you may have a number of rights in connection with the processing of your personal data, including:

The right to request access to your personal data that we process or control;
The right to request rectification of any inaccuracies in your personal data or, taking into account, the purposes of our processing, to request that incomplete data is completed;
The right to request, on legitimate grounds as specified in the law:
Erasure of your personal data that we process or control; or
Restriction of processing of your personal data that we process or control.
The right to object, on legitimate grounds as specified in the law, to the processing of your personal data;
The right to receive your personal data in a structured, commonly used and machine-readable; and format and to have your personal data transferred to another controller, to the extent applicable in the law

To make a request to us for any personal information we may hold, you need to put the request in writing to yogawithvanni@gmail.com.

Further Data Subject Rights

In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation. We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data. Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent. You have the right to stop the use of your personal data for direct marketing activity through all channels, or selected channels. We must always comply with your request.

Links to Other Websites

This policy only applies to us. If you link to another website from our website, you should remember to read and understand that website’s privacy policy as well. We are not responsible for any use of your personal data that is made by unconnected third-party websites.

Contacting The Regulator

If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. You can contact them by calling 0303 123 1113 or go online to www.ico.org.uk/concerns (opens in a new window; please note we cannot be responsible for the content of external websites).

Any Questions?

If you have any questions that haven’t been covered in our Privacy Policy, please contact us and we will be happy to help you:yogawithvanni@gmail.com

USE OF WEBSITE

By using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.

Intellectual property rights

Unless otherwise stated, we own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.

Licence to use website

You may view, download and print pages or other content from the website, provided that: (a) you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system. (b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent. Parts of our website are password protected. From time to time, we may restrict access to those sections, or to the entire site, to users who have registered with us. If you choose, or you are provided with, a password, you must treat such information as confidential and only use it yourself. Lumi Power Yoga takes all reasonable steps to protect your personal information, however we cannot guarantee the security of any information you disclose online. By using the triyoga website you accept the inherent security implications of dealing online and will not hold Lumi Power Yoga responsible for any breach of security unless such breach has been caused by Lumi Power Yoga’s negligence.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

VARIATION

Yoga with Vanni eserves the right to vary and revoke these Terms and Conditions and/or the Privacy Policy from time to time which it may consider necessary or desirable for the regulation of the internal affairs of the Studios and/or the conduct of Members. This includes but is not limited to the right to amend class times and teachers, cancel classes and amend the pricing structure at its discretion. Yoga with Vanni will endeavour to give notice of such changes as is reasonably practicable. Any such changes will be published on the website and, until revoked, are binding on members. Please check this page regularly for the most recent updated version.