Terms and Conditions

TERMS AND CONDITIONS OF ONLINE YOGA INSTRUCTION

BACKGROUND: 

  1. These Terms of Sale and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which Paid Content, accessed via Memberships, is sold by Us to Consumers through this website, Stable Mind Yoga (“Our Site”). 
  2. Terms and information that are specific to accessing yoga instruction from or via Our Site, using the Zoom cloud-based web conferencing or Facebook platform are set out below. 
  3. Please read these Terms of Sale carefully and ensure that You understand them before purchasing a Membership. If You have any query about anything in these Terms of Sale, please contact Us to discuss. When purchasing any Membership, You will be required to read, accept, and agree to comply with and be bound by these Terms of Sale. If You do not, You will not be able to purchase a Membership and access Paid Content through Our Site.  
  4. All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:
  1. are required by law to give to You before You take a Membership; or 
  2. voluntarily give to You and You rely on it either when deciding to order a Membership or when, subsequently, You make any decision about the Membership.

We give You information set out in these Terms of Sale.

  1. These Terms of Sale, as well as any and all Contracts, are in the English language only.
  2. These Terms of Sale apply only to the sale of Paid Content; the terms governing use of Our Site are separate and are set out on our Site under the heading “Website Terms of Use”.
  3. Definitions and Interpretation 
    1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Account”means the account, that is set up with Us in order to purchase any Membership;







“Background Items”means background and other information or materials about the history and practice of yoga and health and fitness, downloadable or viewable as text/graphics;
“Consumer”means an individual customer who is to receive or use Our services comprising Paid Content for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;
“Contract”means a contract for the purchase of a Membership to access any Paid Content;
“Paid Content” means any content (including text, graphics, images, audio, and video) comprising Yoga any training, teaching or instruction session or course, or any Background Items and other materials or information, which We offer. The sessions, courses, Background Items and other information or materials are sold by Us through Our Site and made available by Us on or via Our Site by means of: two-way synchronous live stream audio and/or video technology, e.g., Zoom, Facebook, GoToMeeting, Skype for Business (part of Teams), WebEx; recorded streamed non downloadable video and/or audio;and downloadable or other viewable text, graphics or other video, audio items or other items or information, including Background Items.Paid Content will be more fully described in other information that We give or make available to You. That information may include the name of any teacher(s) or other individual(s) presenting any content on Our behalf but whether it does or does not do so, We may if so We decide in our discretion at any time and without notice substitute any other individual(s) who is suitably qualified and experienced;
“Membership”means a membership to Our Site purchased by You which provides You with the entitlement and access to Paid Content which comprises either:one or more specific single events or items; and/orone or more series or collections of two or more specific events or items; and/orone or more or all types of events or items available on or via Our Site; and the Library Items. We will give You information about the times and dates or periods of access to (a), (b) and (c) before You purchase the Membership. Every Membership will include access to the Library Items for the whole period of the Membership, and they will all be accessible as soon as We have sent You a Membership Confirmation; 
“Membership Confirmation”means Our acceptance and confirmation of Your purchase of a Membership;
“Membership ID”means the reference number for Your Membership;
“We/Us/Our”means Stable Mind Yoga Ltd, a company registered in England under 13159942, whose registered address is Invision House, Wilbury Way, Hitchin, Hertfordshire, SG4 0TY.
  1. Information About Us

Our Site, Stable Mind Yoga, is a limited company registered in England under 13159942, whose registered address is Invision House, Wilbury Way, Hitchin, Hertfordshire, SG4 0TY.  

  1. Contacting Us
    1. If You wish to contact Us for matters relating to Your Membership, Cancellations or with general questions, You may contact Us by email at info@stablemindyoga.co.uk
    2. To make a complaint, see Clause 12.
  2. Consumers only and Age Restriction

Only a Consumer may purchase a Membership and access Paid Content on or through Our Site. Only if that person is aged at least 18 years of age may they do so.

  1. Memberships, Paid Content, Pricing and Availability
    1. We make all reasonable efforts to ensure that all descriptions of Memberships and Paid Content available from Us correspond to the actual Membership and Paid Content that You will receive. 
    2. We may from time to time change Our prices. Changes in price will not affect any Membership that You have already purchased but will apply to any subsequent renewal or new Membership. We will inform You of any change in price before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract.
    3. Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.
    4. In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. 
    5. Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Membership to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
    6. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order for a Membership that You have already placed.
    7. All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Membership at the correct price or to cancel Your order.  We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 7 days, We will treat Your order as cancelled and notify You of this in writing.
    8. If We discover an error in the price or description of Your Membership after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. 
    9. If the price of a Membership that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order.
  2. Orders – How Contracts Are Formed
    1. Our Site will guide You through the process of purchasing a Membership. Please ensure that You have checked Your order carefully before submitting it.
    2. If, during the order process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.
    3. No part of Our Site constitutes a contractual offer capable of acceptance.  Your order to purchase a Membership constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your order does not mean that We have accepted it. Our acceptance is indicated by Us sending You a Membership Confirmation by email. Only once We have sent You a Membership Confirmation will there be a legally binding Contract between Us and You.
    4. Membership Confirmations shall contain the following information:
      1. Your Membership ID;
      2. Confirmation of the Membership ordered;
    5. In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible. 
    6. Any refunds will be issued to You as soon as possible.
    7. Refunds will be made using the same payment method that You used when purchasing Your Membership unless You specifically request that We make a refund using a different method.
  3. Payment for Membership
    1. Payment for each Membership must always be made in advance in full. Your chosen payment method will be charged when We process Your order and send You a Membership Confirmation. 
    2. If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content. If You do not make payment within 7 days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
    3. If You believe that We have charged You an incorrect amount, please contact Us at info@stablemindyoga.co.uk as soon as possible to let Us know.  
  4. Provision of Paid Content
    1. We undertake to make available to You on these Terms of Sale the Paid Content for which You subscribe but if You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us You are unable to do so, You will not be entitled to any refund. 
    2. All Paid Content within the scope of Your Membership will be available to You from when We send You a Membership Confirmation for the duration of Your Membership, including any renewals, or until You end the Contract, on and subject to the following: 

8.2.1 If an item of Paid Content is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item or by other circumstances. 

8.3 In some limited circumstances, We may need to suspend the provision of Paid Content for one or more of the following reasons:

8.3.1 To fix technical problems or to make necessary minor technical changes;

8.3.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;

8.4 If We need to suspend availability of the Paid Content for any of the reasons, We will endeavour to inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension). 

8.5 We may suspend provision of the Paid Content as follows if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 7 days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. 

  1. Licence
    1. When You purchase a Membership to access Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access, participate in and use the relevant Paid Content for personal, non-commercial purposes. 
    2. The licence granted to You is subject to the following usage restrictions and/or permissions:
      1. You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); [and]

9.2.2 When You use a livestream facility to access a Paid Content item or event You must not communicate or make accessible to any other person (who also accesses or participates in it as one of Our customers) anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of it.

  1. Cancelling Your Membership
    1. If You are a Consumer in the UK or the European Union, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Membership Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) any Paid Content, or 14 calendar days after the date of Our Membership Confirmation, whichever occurs first.
    2. After the cooling-off period, You may cancel Your Membership at any time. However, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Membership (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
    3. If You purchase a Membership by mistake (or allow Your Membership to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Membership We will be able to cancel the Membership and issue a full refund.  If You have accessed any Paid Content once the Membership has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Membership (up until the renewal or expiry date, as applicable).
    4. If You wish to exercise Your right to cancel, You may inform Us of Your cancellation via email, info@stablemindyoga.co.uk.  providing Us with Your name, address, email address, telephone number, and Membership Number.
    5. We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.
  2. Our Liability to Consumers
    1. Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    2. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.
    3. Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
    4. We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the attachment below). 
  3.  Complaints and Feedback

12.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. 

12.2 All complaints are handled in accordance with Our complaints handling policy and procedure.  

If You wish to complain about any aspect of Your dealings with Us, please contact Us by email at, info@stablemindyoga.co.uk.

  1. Other Important Terms

13.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

13.2 You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission. 

13.3 The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.

13.4 If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.

13.5 If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.

13.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Membership, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them.

  1. Law and Jurisdiction
    1. These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
    2. As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing above takes away or reduces Your rights as a consumer to rely on those provisions.
    3. As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.