Terms and Conditions

These Terms and Conditions is one of the documents that collectively form Body Mind as One's Terms of Use

 

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, ‘The Website”; and

 

“We/Us/Our/I”

means Body Mind as One, owned and operated by Janet Drake (Self-employed)

2. Definitions of Body Mind as One’s Visitor, Member, Subscriber and Client.

The use of Personal Information may be viewed in the Privacy Policy

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

An individual may be one or many of the following:

 

Visitor

An individual who visits the Site, may want:

  • to learn more about Body Mind as One: there is no requirement to disclose any Personal Information

  • to book & pay for Body Mind as One’s website content, classes, workshops and or events; will required to provide more detailed Personal Information

 

Member

An individual becoming a Member will gain access to the website’s Members Area and other benefits.

A Member

  • will be required to create a passworded account on the website

  • will be required to provide relevant Personal Information; including at a minimum real name, a valid email address and a valid phone number

  • will be able to book & pre-pay for Body Mind as One’s classes, workshops and/or events

  • may manage their own bookings

  • may gain access to purchasing Services Pricing Plans & Packages and On Demand Subscription Service (coming soon)

 

eMail & Newsletter “Subscriber”

An Individual is required to provide certain Personal Information, including valid name and valid eMail address in order to receive Body Mind as One’s eMails, newsletter, and other relevant Body Mind as One communications.

The individual has the right to ‘unsubscribe’ at any time.

 

Client

An Individual who books, pre-pays and participates in Body Mind as One Services either via the website or at a venue

3. Definition of Body Mind as One Services

Body Mind as One provides Movement & Mindfulness classes, workshops and events for adults (18 years and above), in small groups or private sessions, through this Website or in carefully selected Venues.

Full details of Services; classes, workshops and events can be found on the website

4. Access to “The Website”

  • Access to “The Website” is free of charge.

  • It is your responsibility to make any and all arrangements necessary in order to access “The Website”.

  • Access to “The Website” is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue “The Website” (or any part of it) at any time and without notice.  We will not be liable to you in any way if “The Website” (or any part of it) is unavailable at any time and for any period.

5. Intellectual Property Rights

  • All Content included on “The Website” and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

  • You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from “The Website” unless given express written permission to do so by Us.

  • You may:

    • Access, view and use “The Website” in a web browser (including any web browsing capability built into other types of software or apps);

    • Download “The Website” (or any part of it) for caching;

    • Print one copy of any page from “The Website”;

    • Download extracts from pages on “The Website”; and

    • Save pages from “The Website” for later and/or offline viewing.

  • Our status as the owner and author of the Content on “The Website” (or that of identified licensors, as appropriate) must always be acknowledged.

  • You may not use any Content saved or downloaded from “The Website” for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of “The Website” for general information purposes.

6. Links to Website

  • You may link to “The Website” provided that:

    • You do so in a fair and legal manner;

    • You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

    • You do not use any logos or trademarks displayed on “The Website” without Our express written permission; and

    • You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

  • You may link to any page of “The Website”.

  • You are not permitted to frame or embed “The Website” or any part of “The Website”.

  • You are not permitted to link to “The Website” from any other site where the content of which contains material that:

    • is sexually explicit;

    • is obscene, deliberately offensive, hateful or otherwise inflammatory;

    • promotes violence;

    • promotes or assists in any form of unlawful activity;

    • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

    • is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

    • is calculated or is otherwise likely to deceive another person;

    • is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

    • misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;

    • implies any form of affiliation with Us where none exists;

    • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or

    • is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

7. Links to Other Sites

Links to other sites may be included on “The Website”.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third-party sites.  The inclusion of a link to another site on “The Website” is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

8. Disclaimers

  • Nothing on “The Website” constitutes advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to the services offered by Us

  • Insofar as is permitted by law, We make no representation, warranty, or guarantee that “The Website” will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

  • We make reasonable efforts to ensure that the Content on “The Website” is complete, accurate, and up to date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up to date.

  • We make reasonable efforts to ensure that any and all pricing information shown on “The Website” is correct at the time of going online.  We reserve the right to change prices at any time and may add or remove special offers and promotions from time to time.  All pricing information is reviewed and updated regularly.

  • Whilst every reasonable effort has been made to ensure that all representations and descriptions of services available from Us correspond to the actual services available, variations or errors may occur.

  • We make no representation, warranty, or guarantee that services shown on “The Website” will be available from Us.  Please contact Us if you wish to enquire as to the availability of any services.

9. Our Liability

  • To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) “The Website” or the use of or reliance upon any Content included on “The Website”.

  • To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to “The Website” or any Content included on “The Website”.

  • If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

  • We exercise all reasonable skill and care to ensure that “The Website” is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of “The Website” (including the downloading of any Content from it) or any other site referred to on “The Website”.

  • We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of “The Website” resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

  • Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

10. Viruses, Malware and Security

  • We exercise all reasonable skill and care to ensure that “The Website” is secure and free from viruses and other malware.

  • You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

  • You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via “The Website”.

  • You must not attempt to gain unauthorised access to any part of “The Website”, the server on which “The Website” is stored, or any other server, computer, or database connected to “The Website”.

  • You must not attack “The Website” by means of a denial of service attack, a distributed denial of service attack, or by any other means.

  • By breaching the provisions, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use “The Website” will cease immediately in the event of such a breach.

11. Acceptable Usage Policy

  • You may only use “The Website” in a manner that is lawful.  Specifically:

    • you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

    • you must not use “The Website” in any way, or for any purpose, that is unlawful or fraudulent;

    • you must not use “The Website” to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

    • you must not use “The Website” in any way, or for any purpose, that is intended to harm any person or persons in any way.

  • We reserve the right to suspend or terminate your access to “The Website” if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

    • suspend, whether temporarily or permanently, your right to access “The Website”;

    • issue you with a written warning;

    • take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

    • take further legal action against you as appropriate;

    • disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

    • any other actions which We deem reasonably appropriate (and lawful).

  • We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

12. Privacy and Cookies

Use of Website is also governed by the Privacy Policy, available from “The Website” The policies are incorporated into these Terms and Conditions by this reference.

13. Changes to these Terms and Conditions

  • We may alter these Terms and Conditions at any time.  Any such changes will become binding on you upon your first use of “The Website” after the changes have been implemented.  You are therefore advised to check this page from time to time.

  • In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

14. Contacting Us

To contact Us, please email Us at janet@bodymindasone.com or using any of the methods provided on Our contact page.

15. Communications from Us

  • If We have your contact details, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.

  • We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 7 business days for your new preferences to take effect.

  • For questions or complaints about communications from Us (including, but not limited to marketing emails), please email Us at janet@bodymindasone.com or using any of the methods provided on Our contact page

16. Data Protection

  • All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

  • For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

17. Law and Jurisdiction

  • 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.

  • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing takes away or reduces your rights as a consumer to rely on those provisions.

  • If you are 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.

  • If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

May 2020

07506 350 455

Suffolk, England

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