Terms of Purchase
Terms of Purchase
The Terms of purchase (the “Terms”) set out the terms on which you may purchase and use the online yoga course (the “Course”) operated by Alba Yoga Ltd (the “Company”, “us”, “we”, or “our”) through our principal website www.albayogaacademy.com (the “Site”). References to the Site may include subdomains, mobile applications and substitute domains through which we may disseminate the site if applicable.
Alba Yoga Ltd is incorporated and registered in England and Wales with company number 14492043 and has its registered office at 30 Blackberry Way, Pontprennau, Cardiff, Wales, CF23 8FJ.
Your access to and use of the Course is based on your acceptance of and compliance with the Terms. By accessing or using the Course, including when you access and use the Site, you are agreeing to be bound by the Terms.
The information on the Site and contained in the Course is general in nature and may not be suitable for your individual needs. We expressly disclaim all responsibility for, and shall have no liability for, any damage, loss, expense, injury or liability whatsoever suffered by you or any third party as a result of your reliance on or use of the Site or participation in the Course.
The foregoing shall not be construed as excluding our liability to the extent that it may exclude liability for negligently caused injury.
No medical advice
The information on the Site or contained is not in any circumstances to be considered as or used as a substitute for professional healthcare or medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult a healthcare professional to obtain appropriate medical advice. You should not interpret any information on the Site or the Course as a recommendation to delay or avoid consulting your healthcare professional.
Do not commence any activity suggested by in the Course or on the Site if your healthcare professional advises against it.
The Site or the Course should not be used by anyone under the age of 18.
Changes to the Terms
We reserve the right to modify or replace the Terms at any time. Notwithstanding the foregoing, any changes to the Terms shall not alter the purchase price of the Course in any Payment Plan, and shall not affect your statutory rights with respect to this or any other purchases made at the Site.
Otherwise, changes to the Term are effected by notice to you via email or at the point of access of the Site. By continuing to access or use our Site or the Course after those changes have been notified and become effective, you agree to be bound by the revised terms.
Subscription and Purchase Price
The purchase price of the Course is set out at the Site (“Purchase Price”), including the payment options. Those options may include an option to pay in instalments (“Payment Plan”). The Purchase Price may be different depending on the Payment Plan and any applicable promotions at the time of purchase.
The Purchase Price is fixed upon payment of the full amount, or first instalment of the Payment Plan, at which point you become a “Subscriber” and your access to the Course is referred to as your “Subscription”. If you are already a registered member of the Site your membership may be subject to other agreements, which shall not affect your Subscription save as set out under these Terms.
Any subsequent changes to the purchase price advertised at the Site shall not affect the price agreed at the time of the Payment Plan. This includes if the price is reduced due to a promotion or other reason.
When you pay for a Subscription, you represent and warrant that (i) the credit card, debit card or other payment method (“Payment Method”) information you supply to us is true, correct, and complete, (ii) you are duly authorised to use such Payment Method for the purchase, (iii) charges incurred by you will be honoured by your Payment Method company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Your Rights of Cancellation
Cooling Off (time of purchase)
You may cancel your Subscription fourteen (14) days from date of purchase of your Subscription, for any reason, and receive a full refund of the Purchase Price.
Change of Mind (commencement of Course)
We also allow any Subscriber that has paid up front and in full (ie. they are not on a Payment Plan option) to cancel their Subscription within thirty (30) days of the commencement of the Course, for any reason, and receive a full refund minus an admin / reallocation fee of £150 (“Admin Fee”) for us to try to reallocate the space on the Course.
Nothing above shall affect your statutory rights.
By entering into a Payment Plan you are agreeing to make all payments up to the applicable Purchase Price.
Our Rights of Termination
We may terminate or suspend your Subscription or access to the Site immediately, without prior notice, for any reason whatsoever.
In the event that we have terminated your Subscription or access to the same without cause, which is not promptly restored upon notice, you shall be entitled to a full refund of the Purchase Price.
In the event that we have terminated your Subscription or access to the same due to a breach of these Terms, we may retain up to 100% of the Purchase Price.
If you fail to make all payments required under the Payment Plan by more than five (5) business days, we reserve the right, upon notice to you, to (a) suspend or cancel your Subscription; and (b) retain payments received pursuant to the Payment Plan. We may on written request from you review your cancelled Subscription and/or Payment Plan and either restore the same, or refund payments made less the £150 Admin Fee, in either case in our sole discretion.
Your Subscription entitles you to access the Course materials (“Course Content”) via the Site during the period for as long as it is available there (“Subscription Period”). The Subscription Period will be no less than one year from the posting of the Course Content and then continuing at out discretion.
At the expiry of the Subscription Period, and for one month afterwards, you will be given the opportunity to download and retain the Course Content. We are not responsible for your failure to download Course Content or to retain the same on your devices.
The Subscription is personal to you, and not transferable. Without limitation, you may not share access or passwords with any other person.
We reserve the right to amend the Course Content at any time. Replacement Course Content shall not entitle you to any refund as long as it is consistent with the Course description. For the avoidance of doubt, your entitlement to receive these updates does not entitle you to access to other courses, even where they replace this Course.
The Course is not dependent on 24/7 access to the Site, and any reasonable interruptions to your access to the Site shall not be considered a breach of your Subscription. We are also not responsible for interruptions to access from external causes.
The Course Content is wholly owned by us and you may not use the same except for your personal and lawful participation in the Course. You may not distribute, publish or reproduce the Course Materials, nor copy the same save to the extent that we allow you to download the same as a personal copy for future reference. You may only use the Course Content for your personal use, and may not replicate the Course for your any commercial purpose.
If your Subscription is cancelled and refunded then you are not entitled to retain any Course Content, and are required to delete the same from your devices (if applicable).
Live Seminars and Certification
The Course includes participation in live or interactive seminars, which may at our discretion be viewed afterwards as Course Content.
The certification is solely in respect of your attendance and completion of the Course and we make no warranty as to its industry acceptance or applicability to other industry bodies.
Third party links and resources in our Site
The Site may contain links to third party sites and resources. Those links are provided for your information only. We have no control over, and do not provide any warranties regarding the accuracy of third party content. We are not be liable for any damage or loss caused by use of or reliance on any third party content.
The display of any hyperlink or reference to any third party site does not mean that we endorse that third party’s site, products or services.
If you provide any content to the Site, such as reviews or testimonials, or in your participation in the Course, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, adapt and sub-license that content for our purposes and you provide all necessary consents in relation to moral rights to enable us to do so. You warrant that you have the right to provide this consent in relation to all such content, and that the content is not misleading, defamatory or offensive, or otherwise contrary to law or an infringement of the rights of any third party.
You agree to indemnify, defend and hold harmless the Company, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands in relation to any breach of the foregoing warranty.
Disclaimer as regards the use of the Site
The Company makes no guarantees, representations or warranties of any kind as regards the functionality of the Site and associated technology. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
The Company, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage as set out in the healthcare disclaimer or resulting from (i) your access to or use of the Site; (ii) your inability to access or use the Site; (iii) any conduct or content of any third-party on or related to the Site; (iv) any content obtained from or through the Site; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
A person who is not a party to the Terms shall have no rights of enforcement to the Terms. You may not assign, sub-license or otherwise transfer any of your rights under the Terms.
We shall not be responsible for any purported breach of the Terms caused by circumstances beyond our control.
We do not waive any of our rights and shall be entitled to all rights and remedies at any date.
Applicable law and entire agreement
The Terms shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.
If any provision of the Terms is held to be invalid or unenforceable, any remaining provisions of the Terms will remain in effect. The Terms constitute the entire agreement between us regarding the Service and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
To contact us, please email us at [email protected].
Thank you for visiting the Site and participating in the Course.