TERMS OF WEBSITE USE FOR jamesboagyoga.thinkific.com
And TERMS and CONDITIONS FOR RETREATS AND IN-PERSON COURSES
This page (and the documents it refers to) tells you the terms of use on which you may use our website https://jamesboagyoga.thinkific.com (“Our site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site.
By using Our site, you accept all the terms of use in Part One (TERMS OF WEBSITE USE FOR jamesboagyoga.thinkific.com) and agree to abide by them. If you do not agree to these terms of use, please do not use our site.
In addition, in Part 2 of these terms, (TERMS and CONDITIONS FOR RETREATS AND IN-PERSON COURSE) are terms and conditions specifically for courses/programs/retreats sold through this website which involve in-person work/study not on and/or outside this website. By checking the box at point of purchase for any such courses you agree to the TERMS and CONDITIONS FOR RETREATS AND IN-PERSON COURSES.
PART ONE - TERMS OF WEBSITE USE FOR jamesboagyoga.thinkific.com
ABOUT US
https://jamesboagyoga.thinkific.com is a site operated by James Boag trading as jamesboagyoga ("we" or “us”). Our address is 20 Northway, Pickering, YO18 8NN, UK and our email address is [email protected] .
OUR SITE
We allow access to Our site on a temporary basis and we reserve the right to withdraw, restrict or change Our site at any time and without notice. We will not be liable if for any reason Our site is unavailable at any time or if the content is changed or out of date.
You must treat as confidential any user identification code, password or other security feature in relation to our site. If, in our opinion, you are not complying with these terms of use, we have the right to disable any such code, password or feature at any time.
You must comply with the provisions of our Acceptable Use Policy when using Our site.
It is your responsibility that anyone who accesses Our site through your internet connection is aware of these terms and complies with them.
VARIATIONS
We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on Our site.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in Our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on Our site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of Our site (including content, images, designs, look and feel) without our prior written consent.
If, in our opinion, you are in breach of these provisions, your right to use Our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
RELIANCE ON INFORMATION AND LINKS
The contents of Our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our Privacy Policy. By using Our site, you consent to such processing and you warrant that all data provided by you is accurate.
LINKING TO OUR SITE
You may link to our pages only if you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with our Acceptable Use Policy and must be owned by you.
You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site, including pages from Our site, must not be framed or embedded on any other site.
If you wish to make any use of material on Our site other than that set out above, please address your request to [email protected]
UPLOADING MATERIAL TO OUR SITE
When you upload material to Our site, or make contact with other users of our site, you must comply with our Acceptable Use Policy. If you upload material in breach of our Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss.
Any material you upload to Our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to Our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Our site.
We have the right to remove any material or posting you make on Our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse Our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our site, the server on which Our site is stored or any server, computer or database connected to Our site. You must not attack Our site via a denial-of-service attack or a distributed denial-of service attack.
By failing to comply with this provision, you would commit a criminal offence and your right to use Our site will cease immediately and we will report your actions to the relevant authorities.
OUR LIABILITY
The material displayed on Our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our site or in connection with the use, inability to use, or results of the use of Our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any liability which cannot be excluded or limited under applicable law.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
…
PART TWO
TERMS AND CONDITIONS FOR RETREATS AND IN-PERSON COURSES
Agreed terms:
1. Term of engagement
1.1 You are engaging me to provide the retreat (Retreat) as set out on my website jamesboagyoga.com (Services) to you on the terms of this agreement.
1.2 This contract between us will commence on the date you tick the box indicating your agreement to these terms when you book onto the retreat (or when you sign this agreement) and will continue until the Services have been fully provided.
2. Retreat and cancellation
2.1 The Retreat/course will last for the duration and take place at the venue(s) indicated in the description specific to that course or retreat on my website: www.jamesboagyoga.com
2.2 You agree to comply at all times with the Venue’s policies and rules in relation to the Venue (particularly fire safety and health and safety rules). You will be required to leave the Venue if you do not comply with such policies and rules (and I shall not be obliged to refund you any amounts paid in relation to the Services).
2.3 You are responsible for your own belongings that you bring to the Venue and neither I nor the Venue will be liable for any loss, damage, theft or destruction of any of your belongings.
2.4 You agree to reimburse me in full and indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at the Venue.
2.5 You may cancel the Services by notice in writing to me, by email or by telephone. [Subject to clause 2.6 below,] If you cancel the Services then you must pay the following cancellation fees:
(a) no cancellation fee if you cancel the Services more than 90 days before the start date of the Retreat; and
(b) the full fee if you cancel the Services on or less than 90 days prior to the start date of the Retreat.
2.6 If you are a ‘consumer’ as defined in the Consumer Contracts Regulations 2013, you may cancel this agreement within 14 days of the date of this agreement by emailing us at [email protected] or by using the form of cancellation annexed to this agreement. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you within 14 days after the date on which we were informed about your decision to cancel this contract. If however you enter into the contract less than 14 days prior to the start date of the Retreat, you agree that we may commence provision of the Services and that if you cancel the contract within 14 days of the date of this agreement, you shall pay us an amount that is in proportion to what has been performed until you have communicated to us your cancellation of this agreement, in comparison with the full coverage of the agreement.
2.7 I may postpone or cancel the Services upon notice to you of at least 72 hours, in which case, I will (at my choice) either refund you the amounts paid by you up to such point or re-schedule the Retreat to the earliest mutually convenient time.
2.8 I may ask you to complete a questionnaire in advance of our Retreat. If you are asked to complete a questionnaire, you agree to provide true and accurate answers to the questions.
3. My Duties
3.1 I shall provide the Services with due care, skill and ability.
3.2 Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of retreats, I do not guarantee any particular results.
3.3 If for any reason I am unable to provide the Services at the agreed time (due to illness, traffic problems or any other reasons), I will provide you with as much notice as possible and shall (at my choice) either refund you the amount paid for the Retreat or reschedule the Retreat to a time mutually agreed.
3.4 I shall not (except where expressly provided otherwise) be responsible or in any way liable for any matter related to passport validity, travel visas, vaccinations, transfers, currency exchanges, insurance, delayed or cancelled transport, closure of borders or anything else outside of my control.
3.5 With regard to room allocations, if you wish to share with particular other retreat participants, you agree to email me at [email protected] to inform me of your preferences and which other retreat participants you would like to share with. Whenever possible, I will do my utmost to allocate rooms in accord with your preferences. When no preferences are indicated or when in a room with more places than the indicated group of sharing participants, you agree that I may in my discretion decide who you will share with.
3.6 I reserve the right to remove you from the Retreat (without any liability for any refund) if I reasonably feel that you are being disruptive to the group or the Retreat or are breaching this agreement in any way.
3.7 I am not a medical professional and cannot advise on whether you should join the Sessions or not. If you have any concerns at all about your health and undertaking the Sessions, you should consult your doctor or other medical professional. You should notify me on booking of any medical conditions that you have or any concerns that you have about participating in the Sessions. If I have concerns about your health and/or ability to participate in the Sessions, I may require you to leave the Session (and for the avoidance of doubt in such case no refund shall be owing).
4. Fees
4.1 In consideration of me providing the Services to you, you will pay me a fee for the Retreat as set out on our website. This fee is quoted inclusive of VAT.
4.2 If you are purchasing online, the order process will be as follows:
(a) add the Retreat to the cart and proceed to the checkout and make payment as directed;
(b) if you are paying by PayPal, you will be re-directed to the PayPal website for you to make payment and then once payment is made, you will be re-directed back to our site;
(c) we will send you an email acknowledging your order and confirming whether we have accepted your order.
4.3 If at any stage you have made an error in your order, you may email us at [email protected] to correct any errors.
4.4 If you are purchasing online, you should print a copy of these Terms for your records as we will not be filing a copy and we may change these Terms from time to time.
4.5 If we offer the opportunity to make payment in instalments, once the contract has been formed, all remaining instalments shall be due and payable. No refunds shall be provided for any reason [other than as set out in clause 2.6].
4.6 You shall be responsible for all travel costs and all other expenses incurred by you in connection with your participation in the Services.
4.7 Without prejudice to any other right or remedy that I may have, if you fail to pay me on the due date, I may:
(a) charge interest on such sum from the due date for payment at the annual rate of 4% above the base rate from time to time of the Bank of England, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and you shall pay the interest immediately on demand; and
(b) suspend all Services until payment has been made in full.
4.8 All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision. This clause 4 is without prejudice to any right to claim for interest under the law, or any such right under this agreement.
5. Confidential information
5.1 I acknowledge that in the course of providing the Services I will have access to Confidential Information (as defined in clause 16).
5.2 I agree not to (except in the proper course of my duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:
(a) any use or disclosure authorised by you or required by law;
(b) any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
(c) any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.
5.3 You agree that you will have access to Confidential Information (as defined in clause 16) in relation to us and other participants in the Retreat. You agree not to use or disclose to any third party any Confidential Information. This restriction does not apply to:
(a) any use or disclosure authorised by you or required by law;
(b) any use or disclosure which you in your absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or others; or
(c) any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
6. Data protection and Intellectual Property
6.1 You acknowledge that your personal data will be processed by and on behalf of me as part of me providing you with the Services. I will use and process your personal data in accordance with my Privacy Notice that you can view at https://jamesboagyoga.com/privacy-policy/
6.2 I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I use in relation to the Services and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.
6.3 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that I use in the Sessions.
6.4 I grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used for the purposes for which the Services were provided only.
6.5 You may not without my prior written consent make any audio or visual recordings of all or any part of the Retreat.
6.6 I may from time to time record any or all or any part of the Sessions being delivered during your attendance. If you do not want me to use your image, please let me know prior to the start date of the Retreat and ensure that you sit in an area out of sight of the camera. Otherwise failing this, you authorise us to use your image and voice in any such recordings (and to make use of such recording in any way we think fit) without payment, other condition or need for further consent.
7. Termination
7.1 We may terminate this agreement at any time on immediate notice to you. If we do so, we will provide a pro rata refund for any Sessions that have not been used at the time of termination.
7.2 You may terminate this agreement on 30 days’ written notice if we are in material breach of any of the terms of this agreement and following your notice of such breach have not remedied such breach within 30 days of such notice.
7.3 On or before the date of termination of this agreement, you shall immediately pay any unpaid fees or other sums payable under this agreement.
7.4 Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this agreement, including the right to claim damages in respect of any breach of the agreement that existed at or before the date of termination.
7.5 Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of this agreement, including the following clauses: clause 5 (Confidential Information), this clause 7, clause 9 (Limitation on liability) and clause 15 (Governing law and jurisdiction).
8. Status
The relationship between us will be that of independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.
9. Limitation on Liability
9.1 Nothing in this clause 9 shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
9.2 I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and me providing the Services.
9.3 My total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Services.
9.4 If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
9.5 The provisions of this clause 9 shall survive termination of this agreement.
10. Force majeure
I shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.
11. Entire agreement and previous contracts
You acknowledge and agree that:
(a) this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent);
(b) in entering into this agreement you have not relied on any Pre-Contractual Statement (as defined in clause 16).
12. Variation
No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.
13. Counterparts
This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.
14. Third party rights
14.1 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
14.2 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.
15. Governing law and jurisdiction
15.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
15.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
16. Interpretation
16.1 The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise).
Confidential Information: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that I obtain in connection with the provision of the Services and (ii) the fact that I am providing the Services to you.
Pre-Contractual Statement: any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the provision of the Services other than as expressly set out in this agreement.
16.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
16.3 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
16.4 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
ANNEX
CANCELLATION FORM
To be copied, filled in and sent in an email to [email protected]
To: jamesboagyoga
I/we* hereby give notice that I/we* cancel my/our* contract of sale for the supply of the following services:
………………………………………………………………………………………………………………………………………
Ordered on ………………………………………………………………………………………………………
Name of consumer ………………………………………………………………………………………………………
Address of consumer ………………………………………………………………………………………………………
Signature of consumer ………………………………………………………………………………………………………
Date ………………………………………………………………………………………………………
[* delete as appropriate]