These Terms and Conditions (the “Terms” or the “Licence”) is a legal agreement between you (the “Licensee” or “you”) and TOTAL HOT YOGA CORK LIMITED, a limited company, whose operational place of business is at the Lowlands Industrial Estate, Tramore Road, Cork, Republic of Ireland, Companies Registration Office number 523300 (“the Company”, “Licensor”, “HOT YOGA CORK”, “our” or “we”) for your licensed use of and access to www.bikramyogacork.ie (the “Website”) and your access to the content and resources made available on the Website by BIKRAM YOGA CORK.
| DISCLAIMER: HOT YOGA CORK is not intended for use, whether onsite or online by individuals with pre-existing medical conditions which would render engagement with the yoga exercises, the resources and the content unsuitable. Each participant or user of the Website, the Resources and the Content is required to enter into the waiver document detailed at Schedule 1 below and HOT YOGA CORK shall rely on the representations and warranties made in such waiver form. |
These terms
What these terms cover. These are the terms and conditions on which we supply services in person, and provide content and resources to you, in the form of our digital content.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our services and our digital content to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
Who we are. We are BIKRAM YOGA CORK or TOTAL BIKRAM YOGA CORK LIMITED, a company registered in Ireland. Our company registration number is 523300 and our registered office is at Lowlands Industrial Estate, Tramore Rd, Cork, Ireland.
How to contact us. You can contact us by telephoning our customer service team at or by emailing us at [email protected] or 00353 21 4809009.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or via the mindbody app (the “Application”).
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the resources/content. This might be because the resource is unavailable or because we have identified an error in the price or description of the resources/content.
Your Account: The Company is offering access to and use of the Application and the Services solely for use by the person or entity in whose name an account is registered and not for the use or benefit of any third party. The Company may change, suspend or discontinue the any part of the Website and/or the Services at any time, including the availability of any feature, database, or content.
Account Limitation: The Company may also impose limits on certain features of the Website and the Services or restrict your access to parts or all of the Services without notice or liability. For as long as the Company continues to offer the Website and the Services, we shall provide and seek to update, improve and expand. Therefore, HOT YOGA CORK reserves the right, at its discretion, to modify these terms at any time by posting a notice on the Website or in the Application, or by sending you a notice via e-mail, and you consent to receipt of such notice. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Website and the Services following such notification constitutes your acceptance of the terms and conditions of these terms as modified. Any new features that materially augment or enhance the Website and/or the Services currently available, including the release of new content and resources and/or account levels, shall be subject to this Agreement (as updated). You can review the most current version of the terms at any time at: www.hotyogacork.ie/[ ] .
Content and Data Back-up: The Company further reserves the right to withhold, remove and or discard any User Generated Content (whether Feedback or other content generated by an End User on the Website or the Application) made created or made available by you as part of your account, with or without notice if deemed by the Company to be contrary to this Agreement.
For the avoidance of doubt, the Company has no obligation to store, maintain or provide you with a copy of any User Generated Content that you upload when using the Website or the Services.
Eligibility: To be eligible to use the Website, the Application and the Services, you must meet the following criteria and represent and warrant that you:
are not currently restricted from use of the Website, the Application and the Services, or not otherwise prohibited from having a HOT YOGA CORK account;
will only maintain one End User Account at any given time (unless explicitly consented to by HOT YOGA CORK);
will not violate any rights of HOT YOGA CORK, including intellectual property rights such as copyright, patent, design or trademark rights;
agree to provide at your cost all equipment, software, and internet access necessary to use the Website, the Application and the Services;
confirm that upon each occasion of use of the Website and/or the Services that you comply with the Waiver at Schedule ____; and
understand and agree that use of the Website, the Application and the Services may entail the application of certain incidental usage charges (“Incidental Charges”) during the installation and use of the Service. These Incidental Charges may, among others, be levied by your mobile network operator or your internet service provider. You are advised to consult your mobile data or internet data plan to identify the Incidental Charges which may be incurred prior to the installation and operation of these Services.
Suitability: You certify to HOT YOGA CORK that you are legally permitted to use the HOT YOGA CORK Website and the Services, and take full responsibility for the selection and use of the HOT YOGA CORK Website, the content/resources and the Services.
Privacy: Please note that privacy is very important to us. You should not enter and should also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature, by avoiding inputting them in fields that would present in a public manner or as identifying information. Please see our Privacy Policy which governs the manner in which your personal information is used and displayed by BIKRAM YOGA CORK.
Access: To register for access to the Services you must have a Facebook or Google account. This will verify your account and will allow you access to the Application. You will be required create an account (the “End User Account”) by providing your own full legal name, a valid e-mail address linked to the Facebook or Google accounts provided, a geographical address and any other information requested in order to complete the registration process. You will also be required to generate a password.
Information: If you choose to create an End-User Account, you agree to provide only accurate and complete registration information and you will keep that information up-to-date if it changes. We will retain this information in accordance with the terms of our Privacy Policy.
Registering: When you register, you will be required to generate a unique log -in credential (a password). Your password will be subject to certain limitations as regards availability, at the sole discretion of HOT YOGA CORK. We reserve the right to forfeiture of your password at any time. The password supplied by you will be required to fulfil a password security strength test. The combination of your email address and password permits us to verify you as the permitted and authorised user of the particular End-User Account, as well as providing access to the secure parts of the HOT YOGA CORK Platform and the Services. Access to the secure aspects of the HOT YOGA CORK Platform and the Services is not permitted for any other person or entity using your email and password and you are responsible for preventing such unauthorized use. Upon successful completion of the registration process, you will be afforded primary access to your End-User Account. You will be required to validate your End User Account through a validation process by email.
Feature/Service Differentiation: Depending on your End-User Account, you will be permitted differing levels of access to the different features and technology available through the HOT YOGA CORK Website and the Services. These differing features are set out in greater detail on the HOT YOGA CORK Website and may be reviewed via the Application.
Access Denial: Individuals whose access to the Website, the Application or use of the Services has previously been terminated by HOT YOGA CORK may not register for another account, nor may you designate another individual to use your account on your behalf. HOT YOGA CORK expressly reserves the right not to grant access to anyone they may choose, to the Services, the Website, the Application or to create an End-User Account for any reason.
General: The Website and Application rely on email addresses, Facebook, Google accounts and passwords to know whether the person accessing the HOT YOGA CORK Website and utilising the Services are authorized to do so. If someone accesses the HOT YOGA CORK Platform and or the Services using and the access credentials that you have provided us with, we will rely on that and will assume that access has been made by you. You are recommended to change your password regularly to prevent unauthorised use. You are solely responsible for any and all access to the HOT YOGA CORK Platform, your End-User Account and/or use of the Services by persons using your access credentials. Please notify us immediately if you believe or become aware that your End-User Account is being used without your authorization.
Access Indemnity: You indemnify us and hold us harmless for all damages and Losses related to your failure to comply with the provisions of this Section 5, including, without limitation, your failure to secure your End-User Account from third party access.
Resources may vary slightly from their pictures or descriptions. The images and written descriptions of the resources/content on our website are for illustrative purposes only. The resource or content that you download from us may vary slightly from those described on the Website.
Each of our resources or content identifies the minimum technical requirements needed to be able to access and play them. If you do not have a device which adequately reaches that standard, you may not be able to display or access our resources or content.
A Member may not attend any classes at the Studio without full payment in advance for the relevant classes.
Classes are filled on a first come basis. To reserve a place book via the Application or by phone or by email or at the studio front desk.
An End User, subject to payment and membership entitlements, may use the Studio provided always that HOT YOGA CORK may at any time without notice withdraw all or part of its facilities for any period or periods and without notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for any reasons beyond its control.
Children under the age of 16 may only use the Studio and attend classes if accompanied by an adult. Children over the age of seven may not enter changing rooms or other areas reserved for the opposite sex, regardless of whether they are accompanied by an adult.
Each End User agrees to conduct themselves appropriately at all times which in the studio or on or about the premises at which the Studio is situate or its environs. Each End User agrees to comply with all instructions and direction given by the management and/or staff, to conduct him/herself with courtesy while in the studio and its environs and to behave appropriately and considerably towards other members, staff and management at all times.
The use of cameras or recording equipment of any nature including mobile phones is strictly forbidden whilst in the studio and its environs including changing rooms.
Personal belongings are brought onto the Studio at the End User’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.
End Users are requested to wear a form of dress appropriate to the practice of Hot Yoga. It is recommended that End Users wear stretch pants or shorts and a T-Shirt or sports top. Members should attend classes barefoot. Footwear should be removed in the reception area before entry to the yoga room/studio.
End Users are required to follow the instructions of the instructor at all times.
In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or Studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds;
Notwithstanding the preceding, End Users must not walk around the Studio barefoot if they have verrucas or similar foot complaints;
End Users must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and End Users must not interfere with these exits for any reason. In the event of a fire, End Users are asked to make their way to the nearest available exit and follow the instructions of Studio staff;
Smoking is forbidden in the Studio;
The Company reserves the right to refuse admission to the Studio; and
End Users must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio of the convenience of all End Users.
If you wish to change the content or resource you have ordered to another one please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the resources/content, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 11- Your rights to end the contract).
Minor changes to the content or resources. We may change our resources or content:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the resources/content.
More significant changes to the resources/content and these terms. In addition, as we informed you in the description of the content or resource on our website, we may make changes to these terms or the content or resource, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any resources or content paid for but not received/downloaded.
Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
Providing the resources/content
When we will provide the resources/content.
If the resource or content are one-off purchases of digital content. We will make the digital content available for download by you as soon as we accept your order.
If you have access to ongoing services or a subscription to receive digital content. We will supply the digital content to you until the subscription expires or you end the contract as described in clause 11 or we end the contract by written notice to you as described in clause 13.
Studio based services/classes: In person services are provided on a first come first served basis via the booking system in the Application.
We are not responsible for delays outside our control. If our supply of the resources/content is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any resources/content you have paid for but not received.
Ownership of resources/content. You own a resources/content which are available to download once we have received payment in full. The services available via streaming are not owned and are licensed to you for the duration of these terms on a temporary limited basis or for so long as these resources/content are available via the Website or the Application.
Reasons we may suspend the supply of resources or content to you. We may have to suspend the supply of resources/content to:
deal with technical problems or make minor technical changes;
update the resource or content to reflect changes in relevant laws and regulatory requirements;
make changes to the resource or content as requested by you or notified by us to you.
Your rights if we suspend the supply of resources or content. If you have a subscription with us, we will contact you in advance to tell you we will be suspending supply of the particular resource or content, unless the problem is urgent or an emergency. If we have to suspend the resource or content for longer than 7 days in any 1 month period we will adjust the price so that you do not pay for resources/content while they are suspended. You may contact us to end the contract for a resource/content if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the resources/content in respect of the period after you end the contract.
We may also suspend supply of the resources/content if you do not pay. If you do not pay us for access to the Website, the Services, resources or content when you are supposed to (see clause 15.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend access to the resources or content until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the resources or content. We will not suspend the resources or content where you dispute the unpaid invoice (see clause 15.5). We will not charge you for the resources or content during the period for which they are suspended. As well as suspending the resources or content we can also charge you interest on your overdue payments of 2% on the Bank of Ireland daily rate.
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the resources/content repaired or replaced or a file redownloaded or to get some or all of your money back), see clause 14;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2;
If you have just changed your mind about the resources/content, see clause 11.3. You may be able to get a refund if you are within the cooling-off period, but this will not be available to you if you have downloaded the resource or content;
In all other cases (if we are not at fault and there is no right to change your mind);
Termination without cause: on 30 days notice without cause, with the effective date of such notice being the next date of payment due pursuant to your subscription.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any resources/content which have not been provided or which have not been downloaded. The reasons are:
we have told you about an upcoming change to the resources/content or these terms which you do not agree to (see clause 9.2);
we have told you about an error in the price or description of the resources/content you have ordered and you do not wish to proceed;
we have suspended supply of the resources or content for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind. For most resources/content bought online you have a legal right to change your mind within 14 days and receive a refund. However, if you download the resource or content, the cooling off period is not available to you.
When you don’t have the right to change your mind. You do not have a right to change your mind in respect of digital resources/content after you have started to download or stream these;
How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email. Call customer services on the number on our Website or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
How we will refund you. Where a refund arises, we will refund you the price you paid for the resources or content by the method you used for payment.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then within 14 days of your telling us you have changed your mind.
We may end the contract if you break it. We may end the contract for a resource/content at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the resources/content, for example, email address.
We may withdraw the resources/content. We may write to you to let you know that we are going to stop providing the resource or content. We will let you know at least 2 weeks in advance of our stopping the supply of the resources/content and will refund any sums you have paid in advance for resources or content which will not be provided.
If there is a problem with the resources/content
How to tell us about problems. If you have any questions or complaints about the resources/content, please contact us. You can telephone our customer service team at the address on the Website or write to us at [email protected].
Summary of your legal rights. We are under a legal duty to supply resources/content that are in conformity with this contract. Nothing in these terms will affect your legal rights.
Your obligation to return rejected resources/content. If you wish to exercise your legal rights to reject resources/content you must not have downloaded them and must contact us within 14 days.
Where to find the price for the resources/content. The price of the resources/content (which includes (where applicable) VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the resources/content advised to you is correct. However please see clause 15.3 for what happens if we discover an error in the price of the resources/content you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the resources/content, we will adjust the rate of VAT that you pay, unless you have already paid for the resources/content in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the resources/content we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the resources/content’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the resources/content’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. We accept payment with credit card or debit cards via our payment processor, all payments to us are completed via this portal. We will never contact you seeking our credit card details. When you must pay depends on what resources/content you are buying.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Payments for classes and gift certificates in any amount are non-refundable and non-transferable unless otherwise stated in the Terms and Conditions. If a package is bought and only part used there will be no refund available for the remaining classes. In such circumstance where Bikram Yoga Cork deems a refund appropriate, any money received from you will be returned using the same method originally used by you to pay for your purchase. Notification of cancellation of a contract with the Company must be in writing via email or post with 30 days notification.
No Show/Late Cancellations: The Company operates a 10 hour cancellation policy for our instudio classes. Failure to cancel a class 10 hours before the start time of the class or absence from class may result in a late cancel/ no show penalty fee** (**Membership/Intro – €15 fee applied to account. Class pack – Class deducted.) Drop-in – Absence from pre-paid classes are non-refundable. Cancellation of your spot in class via the Website or Application, or call 021-4809009. If an End User books a class within such period, there will not be any right of rebate (save as determined by the Company).
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill[, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the resources/content including the right to receive resources/content which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care, under the Sale of Goods and Supply of Services Act 1980.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. Our liability is limited to the value of the resources paid for by you.
We are not liable for business losses. We only supply the resources/content for domestic and private use. If you use the resources/content for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The digital content or resources we supply is not medical treatment. HOT YOGA CORK is not intended for use by patients and does not replace the advice of a doctor, medical practitioner or clinician. This Website, the Resources and the Content should only be used by individuals with such levels of fitness and health in compliance with the Waiver language at Schedule 1 hereto.
How we may use your personal information. We will only use your personal information as set out in our Hot Yoga Cork Privacy Policy.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 5 days of us telling you about it and we will refund you any payments you have made in advance for resources/content not provided.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the resources/content, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Irish law and you can bring legal proceedings in respect of the resources/content in the Irish courts.
Responsibility: By using and registering access to the Website and accessing the resources/content, you understand that you are financially responsible for the applicable costs (if any) as detailed in these Terms.
Risk: The resources and/content on this Website shall only be used in compliance with the Waiver language at Schedule 1. Use of the content and/or resources at home or remotely is solely at the your risk.
use the Services for any unlawful or illegal purpose;
act dishonestly or fraudulently by engaging in objectionable conduct, or by posting inappropriate, inaccurate, or objectionable content to or through the Website;
publish inaccurate information in the designated fields on registration (e.g. do not include a link or an email address in your name field;
make any temporary or permanent reproduction by any means and in any form, in whole or in part, of the Website and or content/resources contained therein;
make any translation, adaptation, arrangement or any other alteration of the permanent aspects of the Website;
make any form of distribution to the public of the content of the Website, the software, in whole or in part, or of copies thereof;
make any form of distribution to the public of the resources or content or any other content on the Website save as in accordance with these terms;
remove or alter any copyright, meta-tags or other proprietary notice from the Website and/or the resources and/or the content;
disseminate, sell, give away, hire, lease, offer or expose for sale or distribute the content of the Website, the resources and/or content or another associated data, information, product or content wholly or partially derived from any of the foregoing;
create an account for anyone other than a natural person;
harass, abuse or harm another person, including sending unwelcome communications to others using the Website;
use or attempt to use another end users account without authorization from us or another end user or create a false identity on the Website;
