Terms of Service
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. This website and its content is copyright of Om & thrive Ltd – © Om & Thrive Ltd 2020. All rights reserved.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
The information contained in this website is for general information purposes only. The information is provided by Om & Thrive Ltd and while we endeavour to keep the information up to date and correct.
2: INTERPRETATION & VARIATION
2.1 In the Terms & Conditions the following definitions apply:
“Company” means Om & Thrive Ltd
“Member” means any person who has completed an online Registration Form at the Om & Thrive Ltd Website and indicated their acceptance of the web registration process or any person who has signed a paper Registration Form and which registration has been accepted by the Company.
“Party” means each the Member and the Company and together, the “Parties” means the Member and the Company
“Registration Form” means the application form signed or completed online at the Website by a Member including acceptance of the Terms & Conditions
“Website” means the Websites at Om & Thrive Ltd, 20-22, Wenlock Road, London, England, N1 7GU.
“Terms & Conditions” as defined here.
“Website” means www.frenchrivierayogaretreat.com or affiliated websites.
1.2 The Terms & Conditions are incorporated into the Registration Form.
1.3 References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender
1.4 The Company reserves the right to vary or revoke any of the Terms & Conditions from time to time which it may consider necessary or suitable for the regulation of the governance of the Website & the conduct of Members. Any such changes will be published on the Websites and until revoked, are binding on Members.
3.1 Subject to condition 2.2, where a person has completed an online Registration Form at the Website or any person who has signed a paper Registration Form, they shall become a Member of the Website
3.2 Acceptance of a person as a Member is at the discretion of the Company.
3.3 The Company reserves the right to withdraw, suspend or refuse to renew the membership of the Website of any Member whose conduct is, or may deemed to be in the Company’s reasonable opinion, injurious to the character of the Website or amounts to a breach of the Terms & Conditions or where such expulsion is otherwise to be in the interests of the other Members of the Website. Any Member so expelled shall forfeit all privileges to membership and shall not be entitled to any refund for any period during which his membership is suspended.
3.4 The Website may run promotional introductory offers from time to time (directly or through an agent). These offers are exclusively for new students who are not already registered with the Website and are not for repeat use.
4: PAYMENT TERMS
4.1 Details of class prices, passes and monthly subscriptions are available on our Website or shall be such prices as determined by the Company from time to time.
4.2 Subject to any statutory right of cancellation, payments for classes, passes and monthly subscriptions are made non-refundable unless otherwise stated in the Terms & Conditions.
4.3 Payments for Workshops, Retreats & other events are non-refundable. They can be credited to the Member’s account if notice is given by the cancellation deadline specified for the event due to unforeseen circumstances (exceptions may be made for certain medical/personal circumstances at The Company’s discretion). Deposits are non-refundable.
5: MONTHLY AUTOPAY
5.1 The provisions of this clause 5 shall only apply to Members that subscribe to unlimited classes by monthly Auto-Pay, direct debit, standing order or credit card (“Subscription”).
5.2 Any Member who purchases classes by Subscription will forfeit their membership if they fall behind in payment for more than 30 days. Such Member shall remain liable for any outstanding payments.
5.3 If any payment whatsoever under this Subscription remains outstanding beyond the due date the Company may add to the outstanding sum to be collected the reasonable and necessary costs incurred by the Company in employing a third party to collect the outstanding sum.
5.5 Subscription fees must be paid in accordance with the Terms and Conditions irrespective of whether or not the Member uses the Website’s facilities.
5.6 Subscription fees may be increased at the Company’s discretion. Members shall be given no less than 10 working days’ written notice of any increase in their Subscription (unless otherwise agreed in their contract).
5.7 Any Member that purchases classes by Subscription cannot cancel their Subscription before the expiry of the initial term of the Subscription OR before the period of 3 months from the date of their initial payment pursuant to the Subscription (“the Minimum Subscription Period”).
5.8 The autopay payments will continue beyond the Minimum Subscription Period unless or until notice is given to terminate the Subscription by the Member. After the expiry of the Minimum Subscription Period a Member may cancel their Subscription by written request to the Website manager of the Company, giving a minimum of 1 month’s notice from the previous monthly payment i.e. 1 month’s notice payment.
5.9 If a Member does not pay their Subscription for the Minimum Subscription Period (or cancels their Subscription during the Minimum Subscription Period) then the Company is entitled to charge the Member for any outstanding Subscriptions in respect of the Minimum Subscription Period.
5.10 Members who do not wish to accept a change proposed by the Company to the Terms and Conditions or to pay an increase in any Subscription fees may cancel their Subscription by giving written notice to the Website. The notice must be given before or within 28 days after the change to the Terms and Conditions or increase in subscription fees takes effect and must expire at the end of the relevant calendar month. The Member giving notice must continue to pay subscriptions at the rate current immediately prior to any proposed increase until the end of such notice period.
6: FITNESS & HEALTH
6.1 Members are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. The Website reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of such facilities.
6.2 Member with the following conditions should not attend class: low/high blood pressure & cardiac irregularities. If there is any doubt, the Member should consult his doctor. Members must notify the Website of any circumstances affecting their health which may be exacerbated through continued use of the Website.
6.3 Members are required to inform a member of staff if they incur injuries or conditions after the initial information stated on their Registration Form
6.4 Members are required to follow the instructions of the teacher at all times.
7: LIMITATION OF LIABILITY
7.1 The Company cannot be held responsible for any service or equipment not being available for whatever reason. The Company reserves the right to make alterations to the types of facilities provided, without notice and in its absolute discretion and the Company shall not be liable for any loss occasioned by such alterations except in so far as loss is by law incapable of exclusion.
7.2 It is the Member’s responsibility to ensure that they are capable of undergoing a routine of exercises provided by any programme that they follow or class that they attend. Members accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any programme or class. The Company accepts no liability for loss or damage to property or injury of Members to them on the Website premises or outside the Website except in so far as such loss, damage, or injury is by law incapable of exclusion.
8.1 The Member agrees to indemnify the Company against all costs, losses and expenses including legal fees arising from the Member’s breach of any of their obligations under these Terms and Conditions.
10: FORCE MAJEURE
10.1 Neither Party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the Terms and Conditions of any agreement contained herein
11.1 Failure of either Party to insist upon strict performance of any provision of any agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under any agreement. No waiver of any of the provisions of any agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
12: THIRD PARTY RIGHTS
12.1 A person who is not a party to the Registration Form has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of the Registration Form or use any of the facilities provided by the Company.
13: GOVERNING LAW
13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.