TERMS & CONDITIONS
Welcome to www.myyogatutor.com (our Website). Please read these Terms and Conditions carefully before you start to use our Website as these will apply to your use of it and to your purchase of any products and/or services from our Website. If you do not want to be bound by these Terms and Conditions, you should immediately terminate your visit forthwith.
Information about us
This Website is operated by My Yoga Tutor Ltd (MYT, we, us, our), of 3 The Broadway, Maidstone, Kent. ME16 8PS, with company number 07972504.
Other applicable terms
These Terms and Conditions refer to our Privacy and Cookies Policy, which also apply to your use of our Website. Our Privacy and Cookies Policy sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our Website, you consent to such processing. In the event there is a conflict between these Terms and Conditions and our Privacy and Cookies Policy, the Terms and Conditions shall prevail.
USING OUR WEBSITE
Our Website is made available free of charge but we may charge you for access to certain members only areas and for products and services. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and Conditions, and any other applicable terms and conditions, and that they comply with them.
If you wish to purchase products from our Website, or use our services, you must first register on our Website. You must be aged 18 or over. We ask you to ensure that all information you provide to us on registration is true and accurate, current and complete. If there are any changes to your details it is your responsibility to update the relevant information in your account settings, which can be accessed via the Website.
We reserve the right to refuse to accept any application to register on our Website for any reason.
Residents of the US and US territory and Canada are ineligible for this service at the present time.
If you register with our Website you will be provided with a username and password (and other pieces of information as part of our security procedures). You must treat such information as confidential and you must not disclose it to any third party.
We have the right to disable any username or password and to terminate your registration at any time, for any reason.
If you know or suspect that anyone other than you knows your username or password you should promptly notify us at firstname.lastname@example.org.
PURCHASING YOGA UNITS
The Website enables you to select and order yoga classes which are organised into modules and units (the “Units”). There are Units available for four different levels of yoga experience, ranging from “New to Yoga” to “Experienced” (i.e. those with 3 or more years of yoga experience). Each of the four levels has a Free Taster Class associated with it. Each Unit provides yoga classes of differing lengths appropriate for two levels of flexibility. These levels of flexibility are classified as 1) standard or 2) high. Units currently cost £10.00 with 10 classes in each Unit (totaling 28 classes). Our Website pages will guide you through the steps you need to take to place an order with us.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. You must ensure that all details provided by you in the order process are correct and complete.
Our acceptance of your order will take place when we email you confirming our acceptance of it or, if earlier, when we fulfil your order.
Units and pricing
Unit prices may change from time to time, but changes will not affect any order you have already placed. The prices of the Units will be as quoted on our Website at the time you submit your order.
The price of a Unit includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
All orders must be paid for in pounds sterling. Payment for the Unit(s) will be taken on receipt of your order. We accept the following cards: American Express, Visa, Visa debit, Visa Electron, MasterCard and Maestro.
Please ensure that all details you provide to us for the purpose of purchasing Unit(s) are correct, that the credit or debit card, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Unit(s). We reserve the right to obtain validation of your credit or debit card details before providing you with our Unit(s). If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay, non-delivery or charges imposed by your card issuer.
We will not be responsible for any misuse or fraudulent use of any means of payment that are not detected by the verification procedure of your debit or credit card merchant.
Providing the Unit(s)
We will make the online content available to access and view via the members’ area of our Website as soon as we accept your order. Unless we have to withdraw access to a Unit for any reason, you will have access to each Unit for a period of 12 months. You must only use the Unit(s) for your personal, non-commercial purposes.
Cancellation – exercising your right to change your mind
If you want to change your mind and cancel your contract for the Unit(s), you may do so by contacting us within the period of 14 days after the day we email you to confirm we have accepted your order of the Unit(s). You may only cancel your contract if you have not started to download, stream or view the Unit(s). Once you have accessed one of the classes in a Unit, you can no longer cancel your contract for that Unit.
We are under a legal duty to supply products that are in conformity with your contract with us. In addition to your rights set out in these Terms and Conditions, you also have the right to cancel your contract with us if we breach this legal duty. For more information about your legal rights, please visit the Citizens Advice website www.adviceguide.org.uk.
To cancel the contract with us for the Unit(s), please let us know by doing one of the following:
- Phone or email. Call customer services on +44 (0)1622 685864 or email us at email@example.com.. Please provide your name, address, details of the order and, where available, your phone number and email address.
- By post. Print off the form, found here, and post it to us at the address on the form. Or simply write to us at that address, including the information required in the form.
Withdrawal of Units or access to our Website
We may withdraw any Unit(s) or access to our Website or any part of our Website at any time. Where you have paid for a Unit, we will write to you to let you know that we are going to stop providing access to that Unit and will refund you an amount in respect of sums you have paid in advance for Units which have not been delivered.
We will refund you the price you paid for the Unit(s), by the method you used for payment. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, for any or no given reason, you can receive a full refund of all monies paid within 14 days of you telling us in one of the ways set out above that you have changed your mind.
Please note that if we believe that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Website.
Our online classes are designed for fit and healthy adults. If you have any medical condition(s) and/or injury, whether major or minor, our online classes may not be appropriate for you. As such we would advise that you attend a “face to face” class with a qualified Iyengar yoga teacher who can guide you, in person, through your yoga positions. Go to https://iyengaryoga.org.uk/ to find a teacher in your area. You acknowledge and accept that yoga practice may involve strong physical actions and that such activity carries the risk of physical and/or mental injury. It is your responsibility to take any medical condition(s) and/or limitations you have into account and to ensure that you do not go beyond your personal limits when carrying out any of the yoga classes (including use of any suggested equipment and/or any of the resources such as Pose Variations and Ask the Teacher alternatives) available on the Website. You must take heed of any contra-indications and you must only select and carry out yoga classes available on the Website commensurate with your level of experience and personal ability. If you have any doubts about whether you should take part in any yoga activities, you should seek advice from your doctor. MYT does not offer medical care or advice and offers no health warranties or guarantees of any kind. Nothing on the Website should be construed as medical advice or diagnosis.
ACCEPTABLE USE POLICY
All of your use, access and other activities relating to the Website and/or any Unit(s) must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use. You may use our Website and any Unit(s) only for lawful purposes. You may not use our Website and/or any Unit(s):
- in any way that breaches any applicable local, national, or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purposes of harming and/or harassing or attempting to harm and/or harass anyone in any way;
- to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
- to copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Website or Unit(s);
- to impersonate another person or gain unauthorised access to another person’s account;
- to knowingly introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
- to scrape, spider, or use a robot or other automated means of any kind to access the Website.
Whenever you make use of a feature of our Website that allows you to input or upload content (collectively “Contributions”), you acknowledge and agree that any and all Contributions which you add are accurate (where they state facts), are genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted.
When you add a Contribution you must ensure that they do not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark (or other intellectual property rights) of any other person; be likely to deceive any person; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abusive or an invasion of another’s privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person; give the impression that they emanate from us, if this is not the case; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Any Contributions you make to our Website will be considered non-confidential and non-proprietary, and we have the right to (and you grant us a perpetual, irrevocable and royalty-free licence to) use, copy, distribute and disclose to third parties any such content for any purpose whatsoever.
We also have the right to disclose your identity to any third party who is claiming that any Contribution made by you to our Website constitutes a violation of their intellectual property rights, their right to privacy or any other rights.
You confirm that any Contributions made by you comply with this paragraph, and you will be responsible for any loss or damage we suffer as a result of your breach of this confirmation.
We will not be responsible, or liable to any third party, for the content or accuracy of any Contribution made by you or any other user of our Website. We have the right to remove any Contribution you make on our Website if, in our opinion, your Contribution does not comply with this paragraph.
The views expressed by other users on our Website do not necessarily represent our views or values.
Intellectual Property Rights
Our Website contains certain materials, trade names and other proprietary information, including but not limited to text, logos, design, layout, multimedia content, photos and graphics. We are the owner or the licensee of all such intellectual property rights in our Website, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
Except as stated in the paragraph below, or as otherwise agreed with us, the contents of our Website may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without our express written permission.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You may not remove any trademark, copyright or other proprietary notice.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged by “©2015 My Yoga Tutor Ltd (or other contributors as appropriate)”.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
OUR RESPONSIBILITY TO YOU
Accuracy of content
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that information on our Website or accessible from it is accurate, complete or up-to-date and accept no liability for any loss or damage caused by inaccurate information. You should independently verify any information before relying upon it. If you discover any inaccurate information on our Website please let us know.
Whilst we endeavour to ensure that our Website is normally available 24 hours a day, we do not make any commitment that our Website, or any content on it, will always be available, uninterrupted or error free and we will not be liable if for any reason our Website is unavailable at any time or for any period.
We aim to update our Website regularly, and may change, amend, remove or vary any of our Website’s content at any time and without warning. Access to our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control. We may remove our Website as a whole or any sections or features of our Website at any time without notice.
We are registered under the Data Protection Act 1998 as a data controller. Please see our Privacy and Cookies Policy for details of how we use the information we hold about you.
From time to time our Website may also include links to other websites. These links are provided for your convenience only. We have no control over and assume no responsibility for the content of the linked website(s). They do not signify that we endorse the website(s) and we will not be liable for any loss or damage that may arise from your use of them.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
Limitation of our Liability
Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any Units or other goods and/or services purchased by you from our Website, whether express or implied.
Changes to these Terms and Conditions
We reserve the right to make changes to these Terms and Conditions at any time. Your use of our Website, following such changes, constitutes your acceptance of these changes.
These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of your contract with us in the English courts. If you live in Scotland you can bring legal proceedings in respect of your contract with us in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of your contract with us in either the Northern Irish or the English courts.
The contact email address for any communications with MYT is: firstname.lastname@example.org. All correspondence to MYT, including any queries that you may have, should be sent to this email address.