TERMS AND CONDITIons
Last updated on the 7th February 2020
Please read these Terms and Policies carefully before you start to use this Website and before purchasing or booking any services through this Website. By using our Website, you confirm that you accept these Terms and Policies and that you agree to comply with them. If you do not agree to these Terms and Policies, you must not use this Website in any way.
Welcome to our Online Services: https://simonlow.com or https://theyogaacdemy.com (the Website).
Our online services are operated by Simon Low whose registered address is:
Sántillan Retreat
Ctra. Marcharaviaya, Km 3
29730 Rincon de la Victoria
Málaga, Spain
“You” and “your” means you as the user of our Online Services. We have set out the terms under which we are providing you with access to our online services. These include the terms and conditions that govern:
your rights to use and link to our online services (“Online Services Terms of Use”);
how we will use and protect information about you (our “Privacy & Cookies Policy“) and
our booking terms and conditions and cancellation policy
Online Services Terms of Use
Account creation
You warrant that:
The Personal Data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
You will notify us immediately of any changes to the Personal Data by updating these details on your online account.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Pricing
Information displayed on the website related to pricing and service availability is subject to change by Simon Low without notice.
Online bookings
Our Workshops, Retreats, Teacher Training courses and other events we offer are offered in different countries and subject to different booking conditions and currencies. When your booking request is forwarded to another site for payment and confirmation you will be subject to the additional terms and conditions offered by those external sites. Where events are booked online through this Website and in general you are subject to these terms and conditions.
Payment
If the Online booking is paid by debit or credit card, you authorise Simonlow.com to debit the card provided by you without notice to you. Authorised debits include, but are not limited to, all late cancelled or missed courses, workshops and retreats.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Cancellation policy
Most bookings taken by this website and by third parties linked to from this website require a 50% non-refundable deposit or payment in full at the time of booking. The balance of the full amount is normally payable between 1 and 6 weeks prior to the start of the event. Refunds may be provided in exceptional circumstance and at the discretion of Simon Low or The Yoga Academy.
Teaching arrangements
Simon Low and the Yoga Academy provide yoga sessions, teacher training and other therapies taught by the some of the world’s leading independent teachers. At some of the events, therapies may be provided and paid for directly to the teacher or practitioner.
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall always remain vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary, to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
You grant to us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use (including but not limited to publishing, exploiting and modifying) any material you email, post or submit to us. For the avoidance of doubt, we will be free to use any ideas, concepts, know-how, content, text or images contained in your communications with us for any purpose whatsoever, to the fullest extent permitted by law.
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Our rights
We reserve the right to:
modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Waiver
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Law
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Enquiries or complaints
If you have any enquiries or complaints please email info@simonlow.com