Website terms of use | The Breathing Space, Derby

Welcome to The Breathing Space Yoga Studio Ltd's Terms of Use. "Site" refers to the Company's website at breathingspaceyogastudio.co.uk. "Service" refers to the Company's services accessed via the Site, through which users can book classes, buy class passes or sign up to monthly subscriptions. "We", "us" and "our" refer to the Company. "You" refers to you, as a user of our Site or Service.

These Terms of Use apply when you view or use the Service. Please read them carefully. By accessing or using the Service, you agree to these Terms. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.

Privacy policy

We respect the privacy of our users. Please read our Privacy Policy, which explains how we collect, use and disclose information about you. When you access or use the Service, you agree to the Privacy Policy as well as these Terms of Use.

About the Service

The Service allows you to book classes, buy class passes or sign up to monthly subscriptions.

Registration and rules for using the Service

You need to be at least 15 years old and a resident of the United Kingdom to register for and use the Service.

If you sign up, you will create a personal account with a unique username and password to access the Service and receive messages from us. You agree to tell us immediately of any unauthorised use of your password or account. We are not responsible for any liabilities, losses or damages arising from unauthorised use of your member name, password or account.

Use restrictions

Your permission to use the Site depends on the following restrictions. You agree that you will not under any circumstances:

access the Service for any reason other than your personal, non-commercial use, as permitted by the normal functionality of the Service;
collect or harvest any personal data of any user of the Site or Service;
use the Site or Service to solicit business in the course of trade or in connection with a commercial enterprise;
distribute any part of the Site or Service without our explicit written permission (we allow public search engines to use spiders to copy material from the Site only to create publicly available search indices, and may withdraw this permission at any time);
use the Service for any unlawful purpose or to promote illegal activities;
harass, abuse or harm, or attempt to harass, abuse or harm, another person or group;
use another user's account without permission, or intentionally let another user access your account;
provide false or inaccurate information when registering an account;
interfere, or attempt to interfere, with the proper working of the Service;
make any automated use of the Site, the Service or related systems, or take any action that imposes, or may impose, an unreasonable or disproportionately large load on our servers or network;
bypass any robot exclusion headers or other measures we use to restrict access to the Service, or use any software, technology or device to scrape, spider or crawl the Service or harvest or manipulate data;
circumvent, disable or interfere with any security features of the Service, or features that prevent or restrict use or copying of content or enforce limits on use of the Service; or
publish or link to malicious content of any kind, including content intended to damage or disrupt another user's browser or computer.

Posting and conduct restrictions

With your own account, you may be able to post comments or reviews ("User Content") to the Service. You are solely responsible for the User Content you post, upload, link to or otherwise make available through the Service.

You agree that we act only as a passive conduit for your online distribution and publication of User Content. We may remove any User Content from the Service at our sole discretion.

We give you permission to use the Service subject to the following conditions about User Content. Failing to follow them is a material breach of these Terms. By submitting any User Content, you agree that:

you are solely responsible for your account and all activity while you are signed in to or using it;
you will not post information that is malicious, libellous, false or inaccurate;
you will not post information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously or otherwise objectionable and offensive;
you keep ownership of your User Content, but grant us and other users the rights described under "Licence grant" and "Intellectual property" below. When you post User Content, you grant the Site a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform that content in connection with the Service; and you grant each user of the Service a worldwide, non-exclusive, royalty-free licence to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform it as permitted by the Service and these Terms;
you will not submit content that is copyrighted or subject to third-party rights, including privacy, publicity or trade secret rights, unless you own those rights or have permission from their owner; and
we have the right to decide whether your User Content is appropriate and complies with these Terms, to remove any or all of it, and to close your account with or without notice.

Any liability, loss or damage that results from User Content you make available or access through the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.

We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we or technology we use may monitor or record your interactions with the Service or with other users.

Online content disclaimer

Opinions, advice, statements, offers or other content made available through the Service, but not directly by the Site, are those of their authors and should not necessarily be relied on. Those authors are solely responsible for their content.

We do not guarantee the accuracy, completeness or usefulness of any information on the Site or Service, and we do not adopt, endorse or take responsibility for the accuracy or reliability of any opinion, advice or statement made by other parties. We take no responsibility and accept no liability for any User Content posted or sent through the Service by you or anyone else. We will not be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on or sent through the Service.

Although we work to enforce these Terms, you may come across User Content that is inaccurate or objectionable. We have the right, but no obligation, to monitor material posted in public areas of the Site or Service, and to limit or deny a user's access or take other action if a user breaks these Terms or does anything that we consider unlawful, offensive, abusive, harmful or malicious, or that violates anyone's rights. We may remove any material that in our sole opinion breaks, or is alleged to break, the law or these Terms, or that might be offensive, violate the rights of, harm or threaten the safety of users or others. Unauthorised use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of the Service or a breach of these Terms, please email [email protected].

Links to other sites and materials

As part of the Service, we may link to third-party websites ("Third Party Sites") and to content or items from third parties ("Third Party Applications, Software or Content"). These links are a courtesy to users. We have no control over Third Party Sites or Third Party Applications, Software or Content, or the promotions, materials, information, goods or services they offer. We do not investigate, monitor or check them for accuracy, appropriateness or completeness, and we are not responsible for any of them, including their content, accuracy, offensiveness, opinions, reliability or privacy practices.

Including, linking to or allowing the use of any Third Party Site or Third Party Application, Software or Content does not mean we approve or endorse it. If you leave the Site to use a Third Party Site, or use or install any Third Party Application, Software or Content, you do so at your own risk, and our terms and policies, including these Terms of Use, no longer apply. Please review the terms and policies, including privacy and data practices, of any Third Party Site you visit or application you use.

Licence grant

By posting any User Content through the Service, you grant the Company, and confirm that you have the right to grant, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information about, edit, translate, distribute, publicly perform, publicly display and make derivative works of all such User Content, and your name, voice and/or likeness as contained in it, in whole or in part and in any form, media or technology now known or developed later, in connection with the Service.

Intellectual property

You acknowledge that we and our licensors keep ownership of all intellectual property rights of any kind related to the Service, including copyrights, trademarks and other proprietary rights. Other product and company names mentioned on the Service may be trademarks of their owners. We reserve all rights not expressly granted to you under these Terms of Use.

Email may not be used to give notice

Communications made through the Service's email and messaging system do not constitute legal notice to the Site, the Service or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract, law or regulation.

Consent to receive communications electronically

For contractual purposes, you (a) consent to receive communications from us electronically at the email address you have given us; and (b) agree that all Terms of Use, agreements, notices, disclosures and other communications we send you electronically satisfy any legal requirement that they would satisfy if they were in writing. This does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Site or Service and special offers. You can opt out of these by changing your account settings, using the "Unsubscribe" link in the message, or by emailing [email protected], or by writing to Customer Support, The Breathing Space Yoga Studio Ltd, The Coach House, 14 George Street, Derby DE1 1EH. Opting out may mean you no longer receive messages about the Site, the Service or special offers.

Changes to these Terms of Use

We may amend these Terms of Use at any time and will update them when we do. It is your responsibility to check the Site from time to time for changes. Continuing to use the Site or Service means you accept the revised Terms. We will try to tell you about material changes by posting a notice on our homepage and/or emailing the address you gave us when you registered, so please keep your contact details up to date.

Any other changes to these Terms, or any waiver of our rights under them, are only valid in a written agreement physically signed by one of our officers. No waiver or change by telephone or email is valid.

You acknowledge that you have read these Terms of Use, understand them and will be bound by them. You also acknowledge that these Terms of Use, together with the Privacy Policy, are the complete and exclusive agreement between us on this subject, and replace any earlier proposal or agreement, written or oral, and any other communications between us about it.