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Terms of service
Terms and Conditions Puresoul Wellbeing
PURESOUL WELLBEING TERMS AND CONDITIONS
Last updated 4th September 2022
Please read our Terms and Conditions (Terms) carefully as these Terms constitute our legal contract with you. By booking classes, courses or workshops with us (Sessions) via the Glofox booking system on the website or the App, you are confirming you have read the Terms and agree to be bound by them. Please also refer back to these Terms from time to time as they may change (and we reserve the right to do so).
In these Terms:
we, us, our means Judith Starkey, trading as Puresoul Wellbeing. Welcome to our Online Services: http://puresoulwellbeing.com (“Website”) and to the Glofox mobile application (“App”) My services are operated from Puresoul Wellbeing (“us”, “we” or “our” for short) whose registered address is 2 Limpley Stoke Road, Winsley, Bradford on Avon, BA15 2NP
We supply all Sessions subject to these Terms; and
you, your, yours means you, the client.
1 IMPORTANT INFORMATION ABOUT DATA PROTECTION
The nature of our business and the provision by us of Sessions to you means that we will collect and process certain of your personal data from time to time. We will only do so in accordance with our Privacy Policy
2 HEALTH AND SAFETY
Many of our Sessions involve physical activity and we recommend that you seek medical advice before attending or participating in a Session (including online). For your own safety and the safety of others we rely on you using our facilities and premises and participating in our Sessions (including online) in the intended manner in the yoga class. Your acceptance of these Terms constitutes your confirmation that you will do so, that you will comply with our reasonable instructions during the class.
3 SESSIONS AND USE OF OUR PREMISES
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A) Our Sessions include various forms of yoga (as described in more detail on our website) and may include classes designed to be available online, including live stream classes.
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B) In booking a Session you agree to comply with any additional rules we may make known to you in relation to the Session from time to time, including how you may use our premises, facilities and your conduct whilst doing so.
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C) All Sessions are subject to change from time to time, even after you have booked. We will let you know about any changes as soon as we can, either via email or SMS.
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D) Access to our premises, Sessions and any other goods and services we may supply from time to time is at our discretion and we reserve the right to refuse you access to any of the same, or to suspend or otherwise terminate your ability to book with us if we consider that you are in breach of these Terms, the Session Rules or your behaviour at our Premises is inappropriate, aggressive, rude, threatening or otherwise damaging to our customers, staff or our reputation more generally. If we do so you will not be entitled to any refunds whatsoever.
4 CHANGING OR CANCELLING YOUR BOOKINGS AND NO SHOWS
You may change or cancel your booking for a Session, without charge, up to 12 hours before the start of the Session that you have booked. We will refund you with a credit for the cancelled Session, which you can use to rebook a future Session. If you book onto a Session within 12 hours of its scheduled start time, you are not entitled to change or cancel.
5 LATENESS POLICY
We operate a policy which prevents you from taking part in a Session if you are more than 5 minutes late for the relevant Session (in such situations you will be deemed to be “late”). This policy is in place to prevent injury and to be mindful of the teacher and other participants in the Session. In line with our cancellation policy, you will not be refunded for Sessions you are unable to attend because you are late.
6 IF WE CANCEL YOUR BOOKING
In the event that we cancel a Session that you have booked, we will make reasonable efforts to contact you by email or telephone to let you know. We will offer you the option of being transferred to another equivalent Session at an alternative date and time (subject to availability).
7 LIABILITY
We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable, or for loss or damage which is your own fault or which is attributed to a third party unconnected with the provision of our services. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your order.
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law.
Please note that we cannot be held responsible for your personal belongings whilst at our premises.
8 GOODS THAT YOU PURCHASE FROM US
From time to time we may make various products available for you to purchase via our Website or at our studios and we may elect to implement specific terms and conditions or policies that apply to any purchase you may make of such products or where you wish to return products to us after purchase. This does not affect your statutory rights.
Pricing
Information displayed on the website related to pricing and service availability is subject to change by Puresoul Wellbeing with 1 months notice.
9 ONLINE BOOKINGS
Pre-booked classes must be paid for in advance.
We require that you sign into classes a minimum of 5 minutes prior to the class start time. If you have not signed in by this time your space will be opened up to allow drop ins and this will be treated as a late cancellation – your class will not be credited or refunded and you may be charged a fee.
If you are using a class pass to join a session and you are either late to the session, cancel within 24 hours of the session (subject to our cancellation policy) or you fail to attend the session, the credit you used to join that session will be considered spent and you will accordingly lose that credit.
10 PAYMENT
If the booking is paid by debit or credit card, you authorise Puresoul to debit the card provided by you.
11 PROMOTIONS & DISCOUNTS
A 6 class pass is available to purchase, allowing you to purchase access to 6 classes at once – reducing the net cost of attending each class in the process. These passes are valid for 6 calendar months from the date of purchase. In this period, they can be used to purchase a space in any available session. 3 types of class passes are available:
6 in studio pass – this allows you to attend 6 in-person sessions at our studio in Winsley
6 online pass – this allows you to attend 6 sessions digitally
3 online plus 3 in studio – this allows you to attend 3 in-person sessions and 3 online sessions.
12 THIRD PARTY LINKS
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
13 INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
You grant to us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use (including but not limited to publishing, exploiting and modifying) any material you email, post or submit to us. For the avoidance of doubt, we will be free to use any ideas, concepts, know-how, content, text or images contained in your communications with us for any purpose whatsoever, to the fullest extent permitted by law.
14 INDEMNITY
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
15 OUR RIGHTS
We reserve the right to:
modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
16 AVAILABILITY
Puresoul Wellbeing follows the academic calendar for its class schedule. Classes will not be available during school holiday periods. The booking system will make our availability clear.
17 COMPLIANCE WITH LAWS
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
18 LIMIATION OF LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Please note incense sticks, scented soy candles or essential oils are often burnt in the communal areas of my studio address and, sometimes, in classes.
19 SEVERANCE
If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
20 WAIVER
No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
21 SURVIVAL
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
22 GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with English law and the parties hereby irrevocably agree to submit the exclusive jurisdiction of the English courts.
23 HOW WE CAN CONTACT EACH OTHER
By you: Any written notice, enquiry or feedback should be provided using our Contact Form. You may change or cancel a Session booking by phone, or via the Glofox booking system (subject to our Cancellation Policy)
By us: We may contact you using any of the contact details you provide to us when you sign up for a membership, which may include via telephone or text message. Our Privacy Policy sets out how we may process your personal data, which includes the contact details you provide to us.
24 FORCE MAJEURE
We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms if the delay was due to any cause beyond our reasonable control, including, but not limited to, acts of god, terrorism, explosion, flood, storm, fire, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T. system failures, viruses, pandemic, epidemic, civil emergency or other widespread illness, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.
25 ENTIRE AGREEMENT
These Terms together with our disclaimer and any policies we have in force from time to time constitute the entire agreement between us and you and shall have effect to the exclusion of any other memorandum, agreement, or understanding of any kind, whether oral or written, between us and you.
26 THIRD PARTY RIGHTS
These Terms constitute a contract between you and us. No other person shall have the right to enforce any of these Terms.
27 ENQURIES OR COMPLAINTS
- Choosing a selection results in a full page refresh.
