COURSE TERMS AND CONDITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
“Event Outside Our Control”: is defined in clause 8.2;
“Booking”: your Booking for the Course;
“Course”: the Course that We are providing to you as set out in the booking;
“Payment Schedule”: the instalment payments (if applicable) set out in
the Booking and which you agree to make in accordance with these terms but subject also to your rights as set out in these terms;
“Terms”: the terms and conditions set out in this document; and
“We/Our/Us”: Yoga Forever Limited, 4 Hilldown Road, London SW16 3DZ.
When We use the words “writing” or “written” in these Terms, this will include email unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We provide the Course to you.
2.2 Please ensure that you read these Terms carefully, and check that the details of the Booking are complete and accurate, before you submit the Booking. If you think that there is a mistake, please contact Us to discuss.
3. CHANGES TO BOOKING OR TERMS
3.1 We may revise these Terms from time to time either because of changes in relevant laws and regulatory requirements or to reflect changes to our course terms.
3.2 If you wish to cancel the Booking before it has been fulfilled, please see your right to do so in clause 9.
4. IF THERE IS A PROBLEM WITH THE COURSE
4.1 In the unlikely event that there is any problem with the Course:
(a) please contact Us and tell Us as soon as reasonably possible;
(b) please give Us reasonable opportunity to address the problem; and
(c) We will use every effort to resolve the problem as soon as reasonably practicable.
4.2 If you are a consumer (and not a business), you have legal rights in relation to the Course. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. PRICE AND PAYMENT
5.1 The price of the Course will be set out in your Booking. Our prices may change at any time, but price changes will not affect a Booking that We have already confirmed with you.
5.2 Payment for the course can be made in advance in a single payment or in three equal monthly instalments with the first of these three payments to be made on the date of your Booking.
6. USE OF COURSE MATERIALS
6.1 You may only use the Course for the purpose of providing yoga training to members of the public. You may not use the Course content for the purpose of training other potential yoga trainers looking to acquire yoga teaching skills.
6.2 We will retain all intellectual property rights in the Course, including all course materials, documentation, modifications, improvements, upgrades, and all other Intellectual Property rights in connection with the Course materials, including Our name, logos, and trademarks.
6.3 You must not copy, lend or sell the Course, or any extracts from it, to any third party without our written consent.
6.4 If you cancel your contract with Us, you must return all Course materials to Us by return and your right to use any of the Course material will cease on the date of your cancellation.
7. OUR LIABILITY TO YOU
7.1 If We fail to comply with these Terms, We may be responsible for any loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
7.2 If you intend to provide yoga training to members of the public or currently operate as a business then our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall in no circumstances exceed the sum equivalent to the total amount paid by you for the Course.
7.3 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Course Act 1982 (title and quiet possession); or
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
8. EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks.
8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.
8.4 You may only cancel the contract if an Event Outside Our Control takes place which entirely prevents the Course from being delivered.
9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
9.1 Subject to this clause, you may not cancel a Course Booking once the Course has been provided to you. You may cancel any course Booking if you contact Us within 30 calendar days of the Booking date (which is the date we confirm that we accept your booking). We will confirm your cancellation writing to you. If you cancel a booking under this clause and you have made any payments We will refund this amount to you in full. To make a cancellation you should email Us at firstname.lastname@example.org.
9.2 If you send Us your cancellation notice by email, then your cancellation is
effective from the date you send us the email.
10. INFORMATION ABOUT US AND HOW TO CONTACT US
10.1 We are a company registered in England and Wales and Our registered office is Yoga Forever Limited, 4 Hilldown Road, London SW16 3DZ.
10.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by emailing Us at email@example.com.
10.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by email at firstname.lastname@example.org.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 We will use the personal information you provide to Us to:
(a) provide the Course;
(b) process your payment for such Course; and
(c) inform you about similar products or courses that We may provide, but you may choose to stop receiving this information at any time by contacting us.
11.2 We will keep your personal information safe and delete it when it is no longer needed.
11.3 We will not give or sell your personal data to any third party.
12. YOUR FITNESS
12.1 We are not responsible for any issues arising from any medical condition that you may have or a lack of fitness to complete the course. It is your responsibility to complete the course sensibly and responsibly.
12.2 You should consult a medical practitioner prior to commencing the course to ensure your suitability for it. You use the course materials at your own risk.
13. TRANSFER OF RIGHTS AND ENFORCEMENT
13.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
13.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
13.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
13.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.