Terms & Conditions, Waiver Policy and Refund Policy

General

This service is operated by LUMALA YOGA LIMITED (we, us or our). We are registered in England and Wales under company number 07076928 and have our registered office at 34 Lower Richmond Road, Putney, London, SW15 1JP. Our VAT number is 983 3686 70.

These terms and conditions include general terms and conditions for use of this site, terms and conditions relating to the services provided by Lumala Yoga Ltd on the site and in our studio.

We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

These terms and conditions, together with our privacy policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Please read these terms and conditions (the Terms) carefully. By accessing and using our website, any content and features therein (including without limitation any games, widgets, embeddable media players and RSS feeds, the purchase of any Products or Services on this Site or in a studio) (together, our Services), you indicate your acceptance of these Terms, our Privacy Policy and any other notices, guidelines and rules published by us on our Services from time to time (each of which is incorporated into the Terms by this reference). The Privacy Policy can be accessed from links at the bottom of our web pages.

As long as you comply with these Terms and Conditions and any modifications hereto as permitted below, Lumala Yoga grants you a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Site.

If you disagree with any part of these terms and conditions, do not use our website or services.

Definitions

In these terms and conditions, the following definitions apply: “Services” means any information and services ordered and/or provided by Lumala Yoga Ltd through or via the Site or our studios and all services offered as part of any course or workshop. Any electronic information supplied to you by Lumala Yoga Ltd will constitute part of “Service” not a Product and cancellation rights will apply accordingly. “Products” means any products offered for sale on the Site or in a Lumala Yoga Ltd studio. “Site” means the web site at the URL www.LumalaYoga.com or replacement site(s) from time to time. Use of this Site

User of our Services

You agree to use our Services for lawful purposes only and in a way that does not infringe the rights of or restrict or inhibit any person’s use and enjoyment of our Services and in compliance at all times with these Terms and with all laws and regulations that apply.

10. In accessing our Services, you agree that you will only access its contents for your own personal and non-commercial use and not for any commercial or other purposes, including advertising or selling any goods or services. You also agree not to adapt, alter or create a derivative work from any content on our Services except for your own personal, non-commercial use. You will need our prior written permission if you want to use any content on our Services for any other reason.

11. Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion. From time to time, we may make available some parts of our Services (including without limitation forums or communities) or all of our Services only to those users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Any personal information supplied to us as part of this registration process and/or or other interaction with our Services will be collected, stored and used in accordance with our Privacy Policy. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

12. If you are under 16 you will need to obtain your parent’s or guardian’s permission before using any interactive features of our Services, such as transmitting or uploading any content onto our Services. If you are under 16 you must not reveal any personal information about yourself or anyone else, including your telephone number, home address or email address, to us or to any other user of our Services.

13. We make no representation that any of the content on our Services is appropriate or available for use in your country. You are responsible for ensuring that your use of our Services is in compliance with all applicable local laws and regulations.

14. You may view, download and print pages or other content from the website, provided that: (a) you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system. (b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent.

Classes & Workshops

15. The following apply to classes and workshops:

Out of consideration for the trainer and other members, and also for your own safety (the warm-up is an important aspect of each class) please be aware that if you are more than 5 minutes late for a class, you may not be able to train.
If a class you particularly want is not available please sign up for the waiting list and we would suggest you book another class just in case.
Classes require two or more people in order to take place.
Instructors and classes are subject to change.
Classes and Personal training sessions are valid for 4 months from the date of purchase.

Your Account; Registration

16. Before you make any purchases or subscribe to any programs on the Site, you must first establish a customer account (“Account”). Your account information is held by our 3^rd Party software supplier “Mind Body Online”. Please read their terms and conditions of use carefully before creating an account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify Lumala Yoga immediately of any unauthorized use of your Account or password, or any other breach of security. You may not use anyone else’s password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, then your Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Material, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Material, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site. You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all of your data and/or equipment, and to restrict access to your computer to avoid disclosure of such items.

17. You also agree that Lumala Yoga may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Material, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of the Terms and Conditions, (5) failure to pay for subscriptions or purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Lumala Yoga will not be liable to you or to any third party for termination of your access to the Site.

Statutory Rights and Refunds and Cancellation

18. Courses are sold in blocks of 5, 10, 20, 30 and 50 or such other combinations as Lumala Yoga Ltd may introduce from time to time. The Client Shall not transfer sessions to any other person or permit them to be used by anyone other than the Client. Any assignment, transfer or disposal of courses is at the sole discretion of the Master Trainer and may only be permitted in exceptional circumstances. Class fees are non refundable.

19. Class fees may be increased by Lumala Yoga Ltd at any time. The Proprietor shall give the Clients not less than 14 days notice prior to any such increases.

20. Any booked classes must be cancelled within 24 hours, in person or by telephone. In any other case, the session will be charged and deducted from the remainder of the Client’s course. When you are purchasing a class you are paying for a class and not an instructor. Instructors are subject to change without notice.

21. The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase. An administration fee of £30.00 is applicable.

22. Classes, workshops and teacher training are always subject to availability but at Lumala Yoga Ltd we will always do our best to accommodate you in your chosen class.

23. All classes must be prepaid and all clients agree to our notice policy when cancelling and/or rescheduling.

24. Shop policy

Lumala Yoga Ltd credits or exchanges within seven (7) days with a receipt.
Underwear is non-returnable and non-exchangeable.
Opened audio and video items are non-returnable and non-exchangeable.
All sale items are final sales.

25. Membership and class pass policy

All class passes have an expiration date and are non-refundable.
5hr, 10hr and 15hr Class passes expire four (4) months from date of purchase.
One (1) month unlimited pass expires thirty-one (31) days from date of purchase.
Passes sold by Lumala Yoga Ltd are not transferable to Pregnancy or Post Natal Yoga. However passes can be extended for 12 months.
if you’re booked into a class, but miss it or cancel with less than 24 hours’ notice, you will be charged for it.
Out of consideration for the trainer and other members, and also for your own safety (the warm-up is an important aspect of each class) please be aware that if you are more than 5 minutes late for a class, you may not be able to train. In this instance you will not be refunded and you will be charged in full.
Classes require two or more people in order to take place.
Instructors and classes are subject to change and you will not receive a refund, we may choose, at our full discretion to credit you with a similar class.
If Lumala Yoga cancels a class, a full refund will be given.

26. Workshop policy

Pre-payment in full is required at time of registration.
Refunds for cancellations are available up to two weeks prior to date of workshop, minus processing fee (varies by workshop).
Credit only is given for cancellations at least seven (7) days prior to the workshop.
No refunds or credit are given less than seven (7) days prior to workshop.
If Lumala Yoga Ltd cancels a workshop, a full credit or refund will be issued.
Lumala Yoga Ltd reserves the right to amend this policy at its sole discretion.

27. Teacher training policy

There are no refunds for teacher training offered at Lumala Yoga Ltd.
All payments must be paid when due. Late fees will be applied for late payments.
No exceptions.
Lumala Yoga Ltd does not offer refunds for the Teacher Trainings except in the case where you are deemed medically unfit to participate in Yoga for the foreseeable future, in which case you will receive a full refund less our reasonable administrative costs.

28. Private Tuition policy

Pre-payment at time of booking is required.
Cancellations more than twenty-four (24) hours prior to scheduled session will receive full credit towards a future Private Lesson.
Cancellations within twenty-four (24) hours of scheduled session will be charged in full.
Private Tuition sessions expire four (4) months from date of purchase.

29. Open classes policy

For Open classes, you can cancel your booking online up to 24 hours before the scheduled class start time. (Just login and go to the “My Schedule” tab, where you can view, and cancel your upcoming booked classes). When you cancel your booking, your class credit will be refunded automatically. The 24 hour cancellation limit allows us to offer your spot to another student.
If you’re unable to provide the requisite notice, your session will be charged at the full rate.

30. Transferring your credit to someone else

Our passes, class credits and private tuition sessions bookings are fully transferable to another person.
Workshops may be transferable depending on workshop pre-requisites.
Teacher training is not transferable.

No Responsibility To Sell Mispriced Products Or Services

31. Lumala Yoga shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Lumala Yoga shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Lumala Yoga shall immediately issue a credit to your credit card account in the amount of the charge.

Modifications to Prices or Billing Terms

32. LUMALA YOGA RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

33. Information displayed on the Site or in our studio as to pricing and availability is subject to change by Lumala Yoga Ltd without notice.

Conditions of Sale and Payment Terms; Methods of Payment, Credit Card Terms and Taxes

34. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (16) years of age and (b) be a natural person (no corporations, partnerships or other legal entities). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, (v) any activation numbers or codes needed to charge your card and (vi) your billing address to which the card is associated. By submitting that information to us or a third party used by us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. Unless otherwise set forth on the applicable portion of the Site for particular products or services, all sales of products and services are final and all charges from those sales are non-refundable.

35. Membership billing:

Subscription memberships are billed monthly and are renewed automatically. Lumala Yoga 365 memberships are billed yearly. Monthly and annual subscriptions and are renewed automatically. There is no minimum obligation, no refunds, and members may cancel anytime. Annual membership must be cancelled prior to the renewal date in order to end membership charges. Failure to do so will result in at least one (1) months charges being applied pro-rata. Monthly subscriptions must be cancelled 2 weeks prior to the end of the calendar month to avoid a further month’s subscription being levied.

36. For any form of payment we offer or accept, you hereby agree to all restrictions, terms and conditions associated with such form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms and Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT LUMALA YOGA, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Lumala Yoga of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Lumala Yoga does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Lumala Yoga or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.

Promotions, Sweepstakes and Contests

37. On occasion, Lumala Yoga or certain advertisers or suppliers to this Site may elect to conduct certain promotions, sweepstakes or contests (collectively, “Promotions”) on this Site. Each such Promotion may have specific rules and regulations, which will be made available to users and which shall be deemed incorporated in and become a part of these Terms and Conditions.

Contract Information

38. No contract will exist in relation to the Services or Products until we have confirmed to you by email the particulars of your order, the value of your order and the Products or Services (as applicable) you have purchased.

Electronic Communications

39. When you communicate with Lumala Yoga electronically, via email or otherwise, when you set up an Account with Lumala Yoga, and each time you make a purchase from, or stream or download a Digital Download from, the Site, you consent to receive electronic communications from Lumala Yoga. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Lumala Yoga satisfy any legal requirement that such communication be in writing. If you receive marketing e-mails from Lumala Yoga and wish to opt out, you may send an e-mail to us at unsubscribe@lumalayoga.com or follow the opt-out procedures set forth in such marketing e-mails.

Copyright Infringement Policy

40. Lumala Yoga values intellectual property and respects the intellectual property rights of others, and will remove materials on its Site that infringe the copyrights of others or that Lumala Yoga has a good belief infringes, and may terminate the offending user’s account privileges. If you believe that your copyrighted material may have been infringed by material contained on the Site, then you may notify Lumala Yoga’s Designated Agent in writing as follows:

Name of Designated Agent: Margot Herringer

34 Lower Richmond Road, Putney, London, SW15 1JP.

Electronic Mail Address: copyrightadministrator@lumalayoga.com

In your notice, you must include the following:

(i) a physical or electronic signature of the owner of an exclusive right that is allegedly being infringed or of a person authorized to act on behalf of such owner;

(ii) identification of the copyrighted work(s) that is (are) allegedly being infringed;

(iii) identification of the materials that are allegedly causing the infringement and that are desired to be removed, along with sufficient information to allow us to locate such materials;

(iv) contact information (i.e., name, address, email address) sufficient to enable Lumala Yoga to contact you;

(v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and

(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

Intellectual property Rights

41. All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, RSS feeds, widgets, embeddable media players, software, interactive features, advertisements or other content, services or materials (or any part of them) accessible on our Services (Materials) are protected by copyright, trade marks, database rights and other intellectual property rights and are owned by or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any licence or right to use the Materials other than as permitted in these Terms.

42. Except as specifically permitted on our Services, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of our Services without our prior written permission (and the prior written consent of the owner of the relevant intellectual property rights as and if applicable) in accordance with the Copyright, Designs and Patents Act 1988.

43. Unless otherwise stated, we own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.

44. You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose.

45. You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Lumala Yoga Ltd

46. Lumala Yoga Ltd accepts no obligation to monitor the use of the Site. However, Lumala Yoga Ltd reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Lumala Yoga Ltd will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site as we may change the site from time to time.

User Contributions to our Site and Services

47. PLEASE READ THIS SECTION CAREFULLY BEFORE UPLOADING OR OTHERWISE TRANSMITTING ANY CONTENT TO THE SITE. IF YOU DO NOT WANT TO GRANT US THE PERMISSIONS SET OUT IN THESE TERMS, PLEASE DO NOT SUBMIT YOUR CONTRIBUTION TO THE SITE.

48. We may now or in the future enable users to transmit and/or submit (submit) contributions (including without limitation any text, photographs, graphics, video or audio material) to our Services (User Contributions).

49. Whenever you make use of a feature that allows you to submit User Contributions or to make contact with other users of our Services, you must comply with the content standards set out in the Code of Conduct. You promise that any User Contribution complies with the Code of Conduct and you will fully reimburse us for any costs arising from breach of your promise.

50. You remain the owner of the copyright in any original User Contribution that you submit. By submitting any User Contribution to any of our Services (including without limitation any forum, blog, social network, discussion page, photo album or video uploading facility) and in consideration of us making available to you the opportunity to upload any User Contribution (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant us free of charge a non-exclusive, worldwide, royalty-free, sub-licensable licence of the entire right, title and interest in and to such User Contribution so that we and any successor may use the User Contribution in any way, including without limitation the right to copy, reproduce, modify, edit, adapt, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast, commercialise and otherwise make available to the public such User Contribution (whether in whole or in part or copies of the same) in any format or medium currently known or developed in the future for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible in perpetuity.

51. The permission you have granted to us is not exclusive and therefore you may continue to use the User Contribution in any way in any medium, including allowing others to use it, provided such use does not interfere with or impair the rights you have granted to us.

52. You authorise us to grant and we hereby grant to each user of our Services a non-exclusive licence to view, hear, read, stream, download, link to and otherwise access your User Contributions to our Services through our Services and otherwise to use such User Contributions as permitted through the functionality of our Services and in accordance with these Terms.

53. You shall be solely responsible for your User Contributions and the consequences of submitting them to our Services. You promise that:

the User Contribution is your own original work and you own the entire right, title and interest in and to the User Contribution and/or you have all necessary licences, rights, consents and permissions to use and to authorise us to use any and all intellectual property rights (including without limitation copyright) in such User Contribution to enable us to use the User Contribution in the manner contemplated by these Terms;
nothing in the User Contribution is defamatory, obscene, indecent, pornographic, sexually explicit, harassing, threatening or offensive, incites racial, cultural or religious hatred, impersonates or appears to impersonate any other person, is in contempt of court, violates any law or regulation or encourages conduct that would amount to a criminal offence (including without limitation any conduct that would be considered an offence under the Terrorism Act 2006) or give rise to a civil liability and/or is otherwise objectionable and/or an infringement of any UK or other applicable law or regulation;
you will not collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material, data or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with your User Contribution or in connection with your use of our Services, unless you have obtained the express, prior permission of such other person (or their parent or guardian if such other person is under 16), firm or enterprise to do so;
the User Contribution does not contain any virus, corrupt file, cancelbot, worm programme or other malicious code designed to interrupt, destroy or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, nor any adware, spy ware, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
you shall not forge any TCP/IP packet header or part of the header information in any User Contribution for any reason;
you shall not submit any material or perform any actions that result in the transmission of junk email, chain letters, surveys, contests, pyramid selling schemes, duplicative or unsolicited messages or so-called “spamming” and “phishing”; and
we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of any User Contribution.

54. You shall, and will procure that any necessary third parties shall, do all such further acts and execute and deliver all such other documents as may be reasonably requested by us to confirm the licences and rights granted under these Terms.

55. All User Contributions will be considered non-confidential and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose relevant information to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, their right to privacy or any UK or other applicable law or regulation.

56. Lumala Yoga has no control over, and does not endorse, any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this Site, in addition to all other rights it has under these Terms and Conditions and at law or in equity, Lumala Yoga reserves the right in its sole and absolute discretion, to: (i) remove without notice, or refuse to post in the first instance, any User Content; and/or (ii) revoke any user’s right to use this Site.

Use of Materials

57. We are entitled at our option, but are not obliged to (a) actively review User Contributions to our Services; and/or (b) remove any User Contributions submitted to our Services by you or any other user if, in our opinion, such User Contributions do not comply with these Terms.

58. We reserve the right in our sole discretion at any time without liability and with or without prior notice (a) not to post any User Contribution on our Services; (b) to remove or suspend or disable access to any User Contributions; (c) to revoke your registration (where applicable) and right to access and/or use our Services or submit any User Contributions; and (d) to use any technological, legal, operational or other means available to enforce these Terms, including without limitation blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).

59. If you are a rights-owner (or an agent acting for a rights-owner) and believe that any content (including any User Contribution) appearing on our Services infringes your rights and you wish us to remove it or suspend or disable access to it, please send a notice by email with the subject line “Removal request” to the general e-mail address listed on the Contact Us page of the website on which the content appears.

60. In your e-mail, you need to provide us with the following information:

a) details of the content that you claim is infringing or which is the subject of infringing activity, together with information reasonably sufficient to permit us to locate the content (including a URL and/or screen shot);

b) information reasonably sufficient to permit us to contact you, such as a postal address, telephone number and, if available, an e-mail address; and

c) a statement by you that:

d) you are the rights-owner or are duly authorised to act on the rights-owner’s behalf;

e) you believe in good faith that use of the content in the manner complained of is not authorised by the rights-owner or the rights-owner’s agent or by law; and

f) the information in the notification is true and accurate.

61. Materials on this Site (including those streamed or downloaded from the Site), including but not limited to software, images, text, graphics, music, videos, long form programs, user interfaces, logos and trademarks, along with the overall “look and feel” of the Site (collectively referred to as the “Material”), are owned or licensed by Lumala Yoga and are protected under various intellectual property laws.

62. Except as otherwise indicated on this Site, copying, reproduction, uploading, downloading, transmitting or any other use of the Material, in whole or part, without the express written permission of Lumala Yoga, is prohibited. However, if you have an Account (described below) with Lumala Yoga, you may, copy, reproduce, download, transmit and/or print individual pages contained on this Site and stream and/or download digital class videos for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this Site; (ii) any of the Material; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed or digital class videos streamed or downloaded. Or, if you are a member of the press, you may access, download and use photographs available for press purposes from the “Media Downloads” section of the Site solely for your press publications provided you do not conceal, remove or alter any trademark, copyright or other notice printed on or accompanying such photographs. Your use hereunder does not grant you any ownership rights to such Material and Lumala Yoga and its licensors reserve all rights to such Material. You may not reverse engineer, decompile, disassemble, or modify any Material, or copy, reproduce, download, transmit and/or print substantial portions of this Site or the Material contained hereon without the express written permission of Lumala Yoga. Any unauthorized use of this Site and/or the Material may subject you to criminal prosecution and/or civil liability under applicable law.

Transmitting, Streaming and Downloading

63. Lumala Yoga is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet Lumala Yoga does not warrant or represent that this Site will meet your requirements, that access or streaming or downloading of Digital Downloads will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.

Digital Downloads

64. In addition, you must meet the following requirements to download any video programs, music, images, artwork, text, software and other copyrightable materials (“Digital Downloads”): (i) any Digital Downloads that you purchase may only be downloaded to your Primary Computer (defined below) or transferred to Secondary Computers (defined below) or Portable Devices (defined below), and (ii) you must first be a registered user of this Site and in full compliance with this Terms of Use. If you are a member of the press and are downloading photographs from the Media Downloads section of the Site for press purposes as permitted in Section 1 above, such Digital Downloaded photographs are not restricted to your Primary or Secondary Computers or your Portable Devices. All Digital Downloads are sublicensed to end users and not sold, notwithstanding use of the terms “sell,” “purchase,” “order,” or “buy” or similar terms on the Site or in these Terms and Conditions. Your Digital Download sublicense is nonexclusive, non-transferable, non-sublicensable and limited for use as permitted herein.

Standard Usage Rules

65. You may download Digital Downloads to a single registered personal computer (“Primary Computer”). You may then transfer the Digital Download files and backup license files to up to two (2) additional personal computers (“Secondary Computers”) (but without rights to further transfer or copy from those Secondary Computers). You may play the Digital Downloads an unlimited number of times on your Primary Computer and your Secondary Computers. You shall be entitled to (A) burn (only from your Primary Computer) Digital Downloads solely for personal, non-commercial use up to ten (10) times, and (B) export Digital Downloads (solely from the Primary Computer) an unlimited number of times to a Portable Device (as defined below). The foregoing are collectively referred to as the “Standard Usage Rules”, and together with any more restrictive usage rules that may be imposed by certain labels and licensors, the “Usage Rules”.

66. Different Licensors May Require More Restricted Usage Rules. Unfortunately, certain labels and licensors of digital downloads may require stricter usage rules than the Standard Usage Rules. When applicable, we will identify these more restrictive usage rules prior to your purchase of a Digital Download that is subject to any such restrictive usage rule.

67. You may only download, transfer, copy and use the Digital Downloads as stated in the particular Usage Rules for that Digital Download, which Usage Rules are hereby incorporated by reference. No other downloads, transfers, copies or uses of Digital Downloads are permitted. All other rights are reserved. As a condition of purchasing each Digital Download, you represent to Lumala Yoga that you understand and agree to the limited uses associated with a particular Digital Download’s Usage Rules. Digital Downloads must be downloaded within 10 days of purchase, or such longer period if so stated on the applicable portion of the Site for the particular Digital Download. After this 10 day (or longer) period, download functionally expires. Approved Electronic Devices For Digital Downloads.

68. The Digital Downloads are sublicensed for play only upon approved electronic devices. “Approved Electronic Devices” are subject to the Usage Rules above and include the following: (i) the Primary Computer and Secondary Computer registered with this Site, and (ii) lightweight devices that receive and store supported digital files, and play them back in analog form, but which are incapable of further transferring Digital Downloads (“Portable Devices”). WITHOUT LIMITING ANY PROVISION HEREIN, LUMALA YOGA MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER WILL BE COMPATIBLE WITH ANY DIGITAL DOWNLOAD OR THAT ANY COMPACT DISC BURNED WILL FUNCTION IN ALL COMPACT DISC PLAYERS.

69. Prohibited Uses of Digital Downloads. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with any of the Digital Downloads. You may not play and then re-digitize any of the Digital Downloads, or upload those Digital Downloads to the Internet. You may not create any “derivative works” by altering any of the Digital Downloads. You may not use the Digital Downloads in conjunction with any other third-party content (e.g., to provide sound for a film). You may not exploit any Digital Download for any commercial purposes (including the sale of bundled Digital Downloads transferred onto Approved Electronic Devices). Unauthorized distribution or use of the Digital Downloads may subject you to civil and/or criminal penalties as well as termination of your account and your access to the Site. You further agree to indemnify and hold harmless Lumala Yoga for your failure to comply with this section.

70. Lumala Yoga reserves the right to change at any time, without prior notice to you, the software required to download, transfer, copy and use or limit use of any of the Digital Downloads. The speed at which a Digital Download can be transferred to your registered personal computer depends in large part upon the bandwidth of the connection provided to you by your Internet Service Provider. You are responsible for all charges associated with use of your Internet Service.

Reliance on Information on our Services

71. Information published via our Services is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed. We do not warrant that any Materials are accurate or free from error and we disclaim all liability and responsibility arising from any reliance placed on any content on our Services by you or by anyone who may be informed of any of the contents of our Services.

72. You acknowledge that when using our Services you may be exposed to Materials from a variety of sources and that we are not responsible for the content, truth, accuracy, usefulness or safety of such Materials. We do not endorse any User Contributions or any opinion, recommendation or advice expressed in any User Contribution and we disclaim any and all liability in connection with such User Contributions or other material.

73. We aim to update our Services regularly and may change the content at any time. We may suspend access to our Services, or close them indefinitely at any time at our sole discretion. The Materials may be out of date at any given time and we are under no obligation to update them.

Warranties and Disclaimer

74. Our Services are provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other Terms of any kind, express or implied, in connection with our Services and your use of our Services (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).

75. We do not warrant that the functions contained in any Materials on our Services will be uninterrupted or error-free, that defects will be corrected or that our Services or the servers that makes them available are free of viruses or bugs.

76. Lumala Yoga Ltd warrants that the Products and Services will be supplied with reasonable skill and care.

Limitation of Liability and Use Disclaimer

77. We accept no liability in respect of any User Contributions submitted by any of our users. Your use of our Services, the Materials and/or any User Contributions is entirely at your own risk.

78. To the fullest extent permitted by law, we, other members of the BBC group of companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect, consequential, special or exemplary loss or damage (whether such losses were foreseen, foreseeable, known or otherwise) arising from, out of or in connection with the use of our Services, including without limitation: (a) injury and/or damage to persons or property as a result of any statement, including any actual or alleged defamatory statement; (b) losses suffered by any third party, including infringement of any intellectual property or privacy rights; (c) loss of data; (d) loss of revenue or anticipated profits; (e) loss of business or contracts; (f) loss of opportunity; (g) loss of anticipated savings; (h) wasted management or office time; or (i) loss of goodwill or injury to reputation.

79. This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable laws or regulations.

80. We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.

81. The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on this website is kept up-to-date.

82. Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings. However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

83. The information available on or through this Site, and the Services supplied via or in connection with this Site or at the Lumala Yoga Ltd studio do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. Before commencing any exercise regime, you should consult your doctor.

84. It is also vital that you supply us with correct information about yourself. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on this web site (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you (your legal representatives, heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this web site or provided through any Service supplied by us to you.

85. You, your legal representatives and your heirs release waive, discharge and covenant, not to sue Lumala Yoga Ltd and its instructors for any injury or death caused by their negligence or other acts.

86. You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Lumala Yoga Ltd does not enter into conditions, warranties or other terms in relation to the Site or the Products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.

87. The Site may include links to external sites and co-branded pages. Lumala Yoga Ltd has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting, However, Lumala Yoga Ltd is not responsible for the content of these site and pages or for anything provided by them.

88. Subject to the important liability statement, Lumala Yoga Ltd is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.

89. Lumala Yoga is not responsible for any damages or loss related to the use of this Site or downloads, products or services from this Site. THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, DIGITAL DOWNLOADS, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES WITH RESPECT TO THE SITE OR THE MATERIALS, PRODUCTS OR SERVICES CONTAINED HEREON OR DOWNLOADED HEREFROM INCLUDING BUT NOT LIMITED TO NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ANY INFORMATION CONTAINED WITHIN THIS SITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. LUMALA YOGA RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. LUMALA YOGA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS SITE OR ANY MATERIALS, PRODUCTS OR SERVICES CONTAINED HEREON OR DOWNLOADED HEREFROM, FROM ANY COMPUTER VIRUS, DELAY OR MALFUNCTION, FROM THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIAL OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LUMALA YOGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS AND CONDITIONS OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT LUMALA YOGA SHALL HAVE IS LIMITED TO ANY AMOUNTS YOU ACTUALLY PAID TO LUMALA YOGA. ORDER INFORMATION SUCH AS A BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF LUMALA YOGA. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS AND CONDITIONS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

90. Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, Lumala Yoga’s liability is limited to the greatest extent allowable under applicable law.

Indemnity

91. You agree to indemnify, defend and hold harmless Lumala Yoga, its parent, subsidiary and affiliated entities, and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the Site or Materials (whether on the Site, streamed or downloaded); (ii) any violation by you of these Terms and Conditions or your violation of any law, regulation or third-party right; and/or (iii) any User Content submitted by you to the Site. You agree that your representations and warranties, and your obligation to indemnify Lumala Yoga, shall survive beyond any term that these Terms and Conditions are in effect.

Health & Safety Disclaimer

92. Always seek the advice of your physician or other qualified health professional before starting or changing any exercise program or making a lifestyle change. This is particularly important if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. Do not delay seeking a diagnosis or any medical advice or treatments based on information contained on this Site or in any of the Material available hereon. This Site is not intended to provide medical advice or make medical diagnoses. The Material on this Site may not be tailored to match your energy, health or fitness level. If you are concerned about whether any exercises identified on this Site or in any of the Material are right for you, do NOT do them unless and until you have cleared it with your physician. The Material available on this Site involves rigorous exercise. Make sure you exercise in a large well-lit area that is free from obstacles and that you wear comfortable clothing that doesn’t inhibit movement. Stop exercising and consult your physician if you feel dizzy, faint, light-headed or if you experience any discomfort. Only you can monitor your condition during your workout. You are responsible for exercising within your limits and seeking attention and advice as appropriate. Never force or strain. You should stretch before any workout and cool down afterwards. Your failure to warm-up, cool down and stretch properly can result in personal injury. Avoid alcohol and or heavy meals for 2 hours before workouts. Drink fluids (preferably water) before, during and after workouts. The creators, owners and distributors of this Site and the Material available hereon are not responsible for any injuries you may experience as a result of your use of this Site and the Material contained hereon. By remaining on this Site and/or accessing and / or using any Material, you are accepting that you have read, understood and agreed to follow these basic instructions.

93. Participate at your own risk.

Reimbursement by You

94. You agree to reimburse us in full and any of our officers, directors, employees, agents, representatives, licensors, suppliers and operational service providers on demand in respect of any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs and expenses suffered or reasonably incurred by us as a result of, or in connection with, your access to and use of our Services other than in accordance with these Terms or any applicable law or regulation.

Viruses, Hacking and Other Offences

95. You must not misuse our Services by introducing, transmitting or arranging the sending of any viruses, corrupt file, cancelbot, Trojan horse, worm, time or logic bomb, keystroke logger, spyware, adware or other material designed to adversely affect the operation of any computer software, hardware or telecommunications equipment or interfere with, wrongly intercept or expropriate any data or personal information. You must not attempt to gain unauthorised access to our Services, the servers on which they are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service, distributed denial-of service or other type of attack.

96. Any breach of this provision constitutes a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

97. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services, your downloading of any Materials on our Services or on any materials on any other website linked to it.

Links To and From our Services

98. Linking from our Services

We have no control over the content or availability of third party sites that you may access through our Services and such links are provided for your information only. If you visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

We do not endorse and are not responsible or liable (directly or indirectly) for any content, advertising, products, services, views expressed or information on or available from third party websites (including without limitation payment for and delivery of any products or services) or for any damage, loss or offence caused by or in connection with your access to and use of such third party sites and any available services. Any Terms, conditions, warranties or representations associated with any dealings on any third party sites are solely between you and the relevant provider of that site and/or any relevant service.

99. Linking to our Services

You may link to the home page of any website within our Services without seeking our further written consent PROVIDED THAT you fully comply with these Terms.

You are not permitted to create a link to any part of our Services other than the home page unless you have our prior written consent (and for the avoidance of doubt, such consent shall be deemed given in respect of RSS feeds, widgets and embeddable media players which we may make available PROVIDED THAT you use them in accordance with these Terms and any further instructions published through our Services). We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the Code of Conduct. Our Services must not be framed on any other site.

Any links to our Services must be made in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in any way that suggests any form of association, representation, approval or endorsement on our part where none exists. Links to our Services do not imply that we endorse, are affiliated with or are associated with any linked site or that any linked site is authorised to use any of our trade marks, trade names, brands, logos or copyright symbols or those of any of our affiliates or licensors.

Links to our Services are not permitted from the following “Excluded Websites”:

websites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate anti-social behaviour;
websites that promote, encourage or facilitate violence;
websites that promote, encourage or facilitate terrorism or other activities that risk UK national security;
websites that discriminate against any specific social group or otherwise exploit vulnerable sections of society;
websites that promote, facilitate or encourage illegal activity;
websites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under UK law; or
websites which infringe individual privacy.

This Site may contain links to other websites that are not controlled and/or maintained by Lumala Yoga. Access to and use of such other websites is at your own risk and subject to any terms, conditions and privacy policies that govern such websites, which may be different from those of Lumala Yoga and/or which may provide their users with less security than this Site. By providing such links, Lumala Yoga shall not be deemed to endorse, recommend, approve or guarantee any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. Lumala Yoga is not responsible for the content contained on any such sites, or for the failure of any product or service offered for sale on any such sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked sites are owned by other organizations.

Advertising And Sporsorship

Parts of or all of the Services may from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that any materials submitted for inclusion on our Services comply with relevant laws, regulations and codes and these Terms. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship materials.

Software

From time to time certain software which is our protected work or the protected work of our suppliers may be made available to download via our Services. You are licensed to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software.

Privacy

We take your privacy very seriously and are registered under the Data Protection Act 1998. Any personal information supplied by you as part of any registration process and/or other interaction with our Services will be collected, stored and used in accordance with our Privacy Policy. By using our Services you consent to such collection and processing and you promise that all data provided by you is accurate.

Usage of your personal information is governed by the Lumala Yoga Ltd privacy policy, which forms part of these Terms and Conditions.

Please see Lumala Yoga’s Privacy Policy for information concerning the collection and use of Personally Identifiable Information from this Site. As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to register for your Account and purchase products or services from our Site. As a condition of registering with our Site or making any purchases of any products and/or services, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and non-personally identifiable information as described in our Privacy Policy. Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

While Lumala Yoga takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL LUMALA YOGA OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER LUMALA YOGA WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

RSS Feeds, Widgets and Embeddable Media Players

By downloading an RSS feed from our Services or by adding our widgets or embeddable media players to a website you agree to be bound by these Terms, including for the avoidance of doubt the terms set out in this “RSS Feeds, Widgets and Embeddable Media Players” section and the terms set out in the section above headed “Linking to our Services”.

Subject to these Terms, we grant you a non-transferable, non-sub-licensable, royalty-free, non-exclusive licence to display on your website (Your Website) the active links or other source identifiers and other information or materials that you specifically select to receive either from us via an RSS feed or via our widgets or embeddable media players (Our Content).

YOU MAY NOT DIRECTLY OR INDIRECTLY CHARGE USERS SPECIFICALLY FOR ACCESSING OUR CONTENT OR OTHERWISE COMMERCIALISE SUCH CONTENT, NOR ATTEMPT TO RE-SELL OUR CONTENT IN ANY WAY. RSS FEEDS AND/OR WIDGETS AND/OR EMBEDDABLE MEDIA PLAYERS MAY NOT BE USED IN CONNECTION WITH COMMERCIAL ACTIVITIES.

You may not directly or indirectly change, edit, add to or produce summaries of Our Content or any content on our Services nor place any of Our Content in an HTML frame-set.

We may restrict, suspend or terminate our RSS feeds, the content fed to our widgets or embeddable media players, the licence granted herein or your use or access to the RSS feeds, widgets or embeddable media players or Our Content at any time without liability. You agree to destroy all copies of the RSS feeds, widgets or embeddable media players and all Our Content upon receiving notice of termination from us.

You promise that:
1. Your Website is not an Excluded Site and does not contain material which is libellous, defamatory, pornographic, obscene or which may bring us or the BBC into disrepute, or which is in breach of any third party intellectual property rights; and
2. users of Your Website are required to comply with terms that are equivalent to these Terms in relation to their use of Our Content.

Order of Precedence

If there is any conflict between these Terms and any specific terms appearing elsewhere on our Services relating to specific material (including the Code of Conduct), then the latter shall prevail.

Severablity

If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

Jurisdiction (Applicable Law)

The Terms are governed by and construed in accordance with the laws of England and Wales.
This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.
These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

Dispute Procedures

Any disputes arising from or related to our Services shall be subject to the jurisdiction of the courts of England and Wales.

Notwithstanding anything to the contrary set forth in these Terms and Conditions, Lumala Yoga may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of Wyoming, in the event that Lumala Yoga believes that you have violated or threatened to violate any of Lumala Yoga’s intellectual property rights and you hereby consent to the exclusive jurisdiction and venue of such courts.

In the event that any portion of these Terms and Conditions are deemed unenforceable, unlawful or void by a court of competent jurisdiction, in any jurisdiction for any reason because of the scope, duration or area of its applicability or for other reasons, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by Lumala Yoga of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or of any other term, and Lumala Yoga’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.

Copyright 2010 Lumala Yoga Ltd. Lumala Yoga and the Lumala Yoga logo (or any other applicable mark) are trademarks or registered trademarks of Lumala Yoga Ltd. All other marks are either trademarks or registered trademarks of their respective owners. All rights reserved.

Suspension and termination of Service

Lumala Yoga Ltd may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.

Lumala Yoga Ltd may terminate the Service immediately in the event you breach any of these terms and conditions or do not pay any sums due to Lumala Yoga Ltd (including if the credit/debit card you use is not valid or does not work for another reason).

Additional/Different Terms

Certain pages or sections of this Site may contain terms and conditions of use which are in addition to or different from these Terms and Conditions. For example, certain Promotions or content that is designated as “premium” or “special” content may only be made available to users of the Site that consent to Lumala Yoga’s sharing of their Personally Identifiable Information with the sponsors of such Promotions and/or advertisers appearing on such content pages. In the event that there is a conflict between such additional and/or different terms and conditions of use and these Terms and Conditions, the additional and/or different terms and conditions of use will govern with respect to those specific pages or sections to which they apply.

Changes in Policy

From time to time, the policies set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions at this Site, and any changes will become effective immediately upon being posted unless we tell you otherwise. Please review these Terms and Conditions often so that you will remain abreast of our current policies. Your use of this Site, including any purchases you may make from the Site or any streaming or downloading of a Digital Download from the Site, subsequent to any amendment of these Terms and Conditions will signify your acceptance of, and assent to, its revised terms and that such revised terms shall be applicable.

Acquisition of Business

In the event that Lumala Yoga is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Site, all data collected on this Site, and all of Lumala Yoga’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Lumala Yoga will post a notice to such effect on this Site.

Contact Us

If you have any questions concerning the Site or any of the policies set forth in these Terms and Conditions, please contact us at:

Lumala Yoga Ltd

34 Lower Richmond Road, Putney, London, SW15 1JP.

info@lumalayoga.com

Updated: 30^th April 2010

Terms & Conditions, Waiver Policy and Refund Policy

Lifestyle products