LUCY SCOTT YOGA
TERMS AND CONDITIONS OF BUSINESS
1 About Lucy Scott Yoga and Our Products and Services
Lucy Scott Yoga provides in-person yoga classes. These Terms, along with any documents or other processes referred to in them, set out the basis on which these products and services are provided. We will not provide any products or services to you until you have confirmed that you agree to be bound by these Terms.
We reserve the right to make changes to these Terms at any time. If we do so and at that time we are continuing to provide any services to you, we will notify you that our Terms have changed and provide you with a copy of the updated Terms. If you do not accept our new Terms you will need to let us know within fourteen (14) days, and if you do not do so you will be deemed to have accepted those new Terms.
We advise that you print and retain a copy of these Terms for your future reference.
In these Terms, references to “Lucy Scott Yoga”; “we”; “us”; and “our” are references to Lucy Scott Yoga.
References to “you” are to you, a client or prospective client of Lucy Scott Yoga, and the term “your” shall be construed accordingly.
In addition to the definitions identified above, the following terms have the following meanings:
“Confidential Information” means all information, whether technical or commercial including without limitation all specifications, drawings and designs, whether disclosed in writing, on disc, orally or by inspection of documents or during discussions between you and us, where the information is (a) identified as confidential at the time of disclosure; or (b) ought reasonably to be considered confidential given the nature of the information or the circumstances of disclosure.
“Delivery” means delivery of classes to you, and the term “Deliver” shall be construed accordingly.
“Fees” means the fees payable in respect of the Package you choose, including without limitation any ongoing Hosting and Support charges, and also includes any additional costs that we invoice to you in accordance with these Terms.
“Intellectual Property Rights” means all intellectual property rights, including copyrights, images, content, trade and service marks, trade names, domain names, right in designs, moral rights, topography rights, rights in databases, patents, in all cases whether or not registered or registrable and including registrations, applications for registration and rights to apply for registration, and all rights and forms of protection of a similar nature or having equivalent or similar effect anywhere in the world.
“Booking” means a booking made by you for any of our classes.
“Class” means the classes, workshops, events and courses on offer on our Website.
“Stripe” means the online secure payment portal we use to handle payments to us (Stripe).
“Terms” means these terms and conditions.
“Website” means our website at https://lucyscottyoga.co.uk (or any successor website).
Any documents referred to in these Terms form part of these Terms and shall be interpreted accordingly. The clause headings in these Terms are inserted for ease of reference only and do not affect the construction or interpretation of these Terms.
In these Terms the singular shall be deemed to include the plural and the plural shall be deemed to include the singular unless the context requires otherwise.
2 Booking a Class with Us
To book a class, please follow the instructions in the “Timetable & Booking” section of our Website. Once you have done so, and payment has been confirmed by our ‘Stripe’ payment portal, your Booking will come through to us. We may from time to time need to conduct security and other verification procedures in relation to the information you provide, and by placing a Booking with us you agree to our doing so.
Your Booking constitutes an offer to us to book on to a class. Once we have received confirmation that your payment has been processed we will send you an order confirmation email.
3 Fees and Payments
Prices are set out on our Website. Unless our Website states otherwise, the prices on the Website include all applicable value added taxes. We reserve the right to change our prices at any time. If we become liable to charge any taxes or duties we will contact you.
We of course make every effort to ensure the prices on our Website are correct. If for any reason they are not we will inform you of the correct price of any Class you have sought to Book and you will then have the option to proceed with your Booking, subject to you paying the correct price, or to cancel your Booking
If you do not complete the payment process or if payment is not received in full (including any applicable taxes) we will not process your Booking, so please ensure that you do complete all the steps on our Website to make sure your Booking can be processed by us.
4 Refunds and Cancellation
All sales are final, and no refunds or exchanges shall be granted. By agreeing to purchase a class you are agreeing to this.
5 Lucy Scott Yoga’s ObligationsIn consideration of and subject to payment of the Fees and your compliance with these Terms, Lucy Scott Yoga will teach the advertised class, or where possible to provide adequate notice of cancellation (see 10 – Events Out of Our Control), and to perform our obligations with reasonable care and skill.
6 Disclaimer
You participate in a Class at your own risk.
Prior to starting any exercise, including yoga, you should consult a medical practitioner to discuss if it is right for you.
Lucy Scott Yoga does not offer medical advice.
During the class, you exercise within your own limits so as not to cause injuries. You should listen to the instructions given throughout the class. You should monitor your condition throughout the class, and take care to avoid injury. If you start to feel unwell during the class (for example but not limited to, feeling lightheaded, dizzy, or nausea) you should let the teacher know immediately. You should then seek medical attention from a professional medical practitioner.
It is recommended that you refrain from eating a heavy meal for at least two hours prior to participating in the class. You should also stay hydrated before and after the class. You should avoid drugs and alcohol before attending a Class.
Lucy Scott Yoga accepts no liability whatsoever for any injuries caused. To the fullest extent permitted by applicable law, Lucy Scott Yoga will not be liable for any loss or damages arising out of or in connect with your use of this website or Booking of a class.
7 Your Obligations
In consideration of Lucy Scott Yoga providing the class to you, you agree:
(a) to take responsibility for the condition you arrive to the class in: anyone suspected of not being in a proper condition to practice (for example, being drunk) may be refused entry to the class;
(b) to take responsibility of yourself in a class and to accept the above disclaimer in regards to what you should do prior and following a class, and that Lucy Scott Yoga accepts no liability for any injuries caused;
(c) to provide Lucy Scott Yoga with any information requested as quickly as possible;
(d) to take responsibility for any damage to props owned by Lucy Scott Yoga or to the room if caused by you;
(e) to make payment of all Fees and any additional costs recharged to you within payment deadlines.
8 Privacy and Data Protection
To find out about what we do with and how we look after your personal data, and your rights in relation to that data, you can read our Privacy Notice, which can be found here.
You can also find out about the cookies used on our Website by reading our Cookies Policy, which can be found here.
9 Links to Third Party Websites
The Website does contain links to third party websites. Lucy Scott Yoga does not control such third-party websites and provides links for information only. You use these third-party websites at your own risk and Lucy Scott Yoga cannot be held accountable for any accuracy of information, statements, the data they may collect from you, or the security of the sites.
10 Confidentiality
Both you and we agree to protect the Confidential Information of the other party against unauthorised disclosure by using the same degree of care in relation to the other party’s Confidential Information as is taken to preserve and safeguard our own Confidential Information of a similar nature, being at least a reasonable degree of care. The obligations set out in this section will not apply to Confidential Information which the receiving party can demonstrate (a) is or has become publicly known other than through breach of these confidentiality provisions; or (b) was in possession of the receiving party prior to disclosure by the other party; or (c) was received by the receiving party from an independent third party who has full right of disclosure; or (d) was required to be disclosed by law or by a governmental authority or regulatory body, and in such circumstances the party subject to the requirement to disclose agrees to notify the other party of the requirement to disclose.
11 Intellectual Property Rights
Lucy Scott Yoga owns the Intellectual Property Rights and all other rights in and to the Website and all other proprietary materials. Copying of images or content, is not permitted.
12 Events Out of Our Control
Lucy Scott Yoga aims to teach every Class advertised on the Website.
We will not be in breach of these Terms, or liable for any delay in performing, or failure to perform, any of our respective obligations if that delay or failure results from events, circumstances or causes beyond that party’s reasonable control. In such circumstances, as much notice as possible will be given to you. You will then be entitled to an exchange or refund on the Class, unless you and we agree otherwise.
13 General
If either you or we breach any of these Terms and the other waives its rights under these Terms, that waiver will not be taken or held to be a waiver in respect of any subsequent breach.
By booking a Class with us you warrant that the information you have provided to us is true and accurate. If any of that information changes then please contact us so that we can update our records.
Any changes to these terms that we agree with you will only be valid if recorded in writing and signed by you and us.
All notices, documents and other communications relating to these Terms and which you wish to send to us must be in writing and sent by registered post to the address set out at the top of these Terms, or by email to hello@lucyscottyoga.co.uk and, in the case of any service of legal proceedings, by both the aforesaid methods. Any notices, documents and other communications relating to these Terms and which we wish to send to you will be in writing and sent either by registered post or email (or both) to the address/email address you provide in your Order. All such notices will be deemed to have been served upon and received by the recipient on the expiry of 48 hours after posting or at the time of transmission in the case of email transmission, subject to the sending party having a delivery receipt.
If any of these Terms, or any part of any of these Terms, is invalid, illegal or unenforceable, you and we will negotiate in good faith to amend that provision so that, as amended, it is legal, valid and enforceable and, to the greatest extent possible, achieves the intended commercial result of the original provision. If such a modification is not possible, the relevant provision or part-provision will be deemed deleted. Any modification or deletion of any of these Terms or any part of any of these Terms will not affect the validity and enforceability of the rest of these Terms.
The rights granted to you under these Terms apply to you only and do not confer any rights on any third parties.
You may not assign the benefit of all or part of these Terms without our prior written consent, which we will not unreasonably delay or withhold.
These Terms and the documents referred to in them constitute the entire Agreement between the parties. Other than where we state in these Terms anything to the contrary, for example in respect of our reliance on instructions and approvals given orally, neither party shall be under any liability for any representations made prior to or during the period that we provide the Site and any Hosting and Support services.
These Terms are governed by and will be construed in accordance with the laws of England and subject to the exclusive jurisdiction of the Courts of England.