Student Terms & Conditions

These Terms & Conditions for Students (“Terms”), together with any and all other documents referred to herein, set out the terms under which Users (“Students”) make bookings with Teachers on Our Platform. Please read these Terms carefully and ensure that you understand them before making any bookings on Our Platform. You will be required to read and accept these Terms when making a booking. If you do not agree to comply with and be bound by these Terms, you will not be able to make any bookings on Our Platform. These Terms, as well as any and all associated contracts and policies are in the English language only.

 

1. Definitions and Interpretation

In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

“Content”

means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“DBS Certificate”

means a certificate issued by the government’s Disclosure and Barring Service in relation to an individual’s criminal record and other relevant information;

“Listing”

means a listing on Our Platform advertising a Session of yoga, pilates or meditation classes, workshops, retreats or similar session of yoga, pilates or meditation that you carry out whether online or in person that can be booked on Our Platform;

“Our Site”

means this website, https://www.yogamapp.com;

“Platform”

means Our platform for Students and Teachers on Our Site;

“Payment Service”

means the payment service provided by a Third Party Payment Services Provider;

“Student”

means a User who makes a booking for a Session on Our Platform;

“Teacher”

means a User who advertises their profile and takes bookings for Sessions they provide on Our Platform;

“Third Party Payment Service Provider”

means PayPal a limited company registered in England under company number 05468033, whose registered address is 5 New Street Square, London, EC4A 3TW, and whose website is https://www.paypal.com and / or Stripe Inc., 510 Townsend Street, San Francisco, CA 94103, USA, and whose website is https://stripe.com or any other third party payment services provider that We may choose to use from time to time;

“User”

means a user of Our Site;

“User Content”

means any Content added to Our Site by a User;

“We/Us/Our”

means Yoga Mapp Limited, a limited company registered in England under company number 12713835 whose registered address is 137 Buxton Road, Stockport, SK2 6EQ;

 

2. Information About Us

Our Site is owned and operated by Us and Our details are set out in Clause 1 above at “We/Us/Our”.

 

3. Access to and Use of Our Site

3.1.

Access to Our Site is free of charge.

3.2.

It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3.

Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4.

Use of Our Site is also subject to Our Terms of Use, Privacy Policy and Cookie Policy. Please ensure that you have read them carefully and that you understand them.


4.
Age Restrictions

You may only make bookings on Our Platform if you are at least 18 years of age.  Some Teachers offer Sessions for families or teenagers but you must only book Sessions for children aged 13 and over if you are an adult and can strictly supervise anyone under 18 during the Session.

 

5. Our Platform

Our Platform is provided solely as an online venue for Students and Teachers. We are not a party to any transactions or other relationships between Students and Teachers. You hereby acknowledge and agree that:

5.1.

You are not making a booking from Us and are not entering into a contract with Us. Your booking is with the Teacher in question, and your contract is with that Teacher.  The Teachers’ contractual terms are included in their Listing(s);

5.2.

We do not make any assessment of a Student’s fitness or skill level and it is your responsibility to ensure you are comfortable about your (or any person under 18 who you have booked for) health, fitness and skill level and discuss any concerns you have directly with the Teacher for Session you are planning on booking or have booked.  We will ask for details of any health concerns when you are making a booking and this information will be passed to the relevant Teacher solely for the purpose of facilitating their assessment of your (or the child you are responsible for) suitability to attend the Session;

5.3.

We will not be a party to any dispute between you and any Teacher or another Student. Any claims must be made directly against the party concerned;

5.4.

Whilst We do screen the qualifications. DBS Certificates (if appropriate) and insurance of Teachers and may attend Sessions that Teachers advertise in Listings on Our Platform this is for the purpose of Our own due diligence. We are not, therefore, in any way responsible for any Sessions advertised or for the content of any Listings; and

5.5.

While all Teachers are required to comply with Our Terms for Teachers, which include provisions covering important matters such as payment methods, booking procedures and class provision, all Teachers are different and may not accept bookings within the same time frame, or offer the same class provision (or prices).


6. Intellectual Property Rights

6.1.

The provisions of Clause 6 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Platform in Listings.

6.2.

Students must, at all times, respect the intellectual property rights of Teachers on Our Platform. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.

6.3.

You acknowledge that We own all the intellectual property rights which exist now or in the future in any part of the world in all intellectual property which exists in relation to Our business including, without limitation, in Our name, branding, Our Site (apart from User Content) and Our Site domain name.


7.
Student Rules and Acceptable Usage Policy

7.1.

When using Our Platform, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 7. Specifically:

7.1.1. you must ensure that you comply fully with all local, national, or international laws and/or regulations (including but not limited to those which may apply to the provision of yoga, pilates or meditation classes to the public);

7.1.2. you must not use Our Platform in any way, or for any purpose, that is unlawful or fraudulent;

7.1.3. you must not use Our Platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;

7.1.4. you must not use Our Platform in any way, or for any purpose, that is intended to harm any person or persons in any way;

7.1.5. you must always provide accurate, honest information to Teachers on Our Platform; and

7.1.6. you must not engage in any form of price fixing with other Users (including Teachers and Students).

7.2.

When using Our Platform, you must not submit anything, or otherwise do anything that:

7.2.1. is sexually explicit;

7.2.2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;

7.2.3. promotes violence;

7.2.4. promotes or assists in any form of unlawful activity;

7.2.5. discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

7.2.6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.2.7. is calculated or is otherwise likely to deceive;

7.2.8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

7.2.9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);

7.2.10. implies any form of legal affiliation with Us where none exists;

7.2.11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

7.2.12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

7.3.

We reserve the right to suspend or terminate your access to Our Platform if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms. Further actions We may take include, but are not limited to:

7.3.1. removing any offending material from Our Platform;

7.3.2. issuing you with a written warning;

7.3.3. legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

7.3.4. further legal action against you as appropriate;

7.3.5. disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

7.3.6. any other actions which We deem reasonably necessary, appropriate, and lawful.

7.4.

We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms.


8.
Booking Sessions with Teachers

8.1.

As set out above in Clause 5, all transactions on Our Platform are between Students and Teachers only. We are not a party to such transactions.

8.2.

When booking a Session with a Teacher, you expressly agree that:

8.2.1. you have read the description and all details, including contractual terms, within the relevant Listing carefully and that you understand and agree to any and all specific policies that are stated to apply by the Teacher;

8.2.2. you will pay for the Session(s) booked in full and on time, using Our Payment Service, details of which are provided below in Clause 9; and

8.2.3. you have provided complete and accurate contact details and any relevant health information to the Teacher via Our Platform.


9. Payment Service

9.1..

All Payments on Our Platform are made through the Payment Service provided by Our Third Party Payment Service Providers.

9.2.

Your use of the Payment Service requires an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before making payments to Teachers on Our Platform.

9.3.

By using the Payment Service, you acknowledge and agree to Us sharing your relevant personal information and/or information about your transactions on Our Platform with the Third Party Payment Service Provider.

9.4.

If We receive notice from the Third Party Payment Service Provider that your use of Our Platform or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach and removing your ability to use the Payment Service to make or accept payments on Our Platform.

9.5.

The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.

 

10. Payments to Teachers

10.1.

All payments from you are processed using the Payment Service described above in Clause 9.

10.2.

If your payment is not completed for any reason, We may cancel the transaction and the  Teacher will refuse the right to you joining the Session. Please refer to Clause 15 for more information on the Teacher’s cancellation rights.

10.3.

We will not make any of your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Teachers at any time, or for any reason. All payment details are held securely and shared only with Our relevant Third Party Payment Service Provider.

10.4.

When We receive notification from Our Third Party Payment Service Provider that you have made payment for a Session We send an automatic email confirmation to the Teacher which will include your name, email address and any medical information you have provided to Us to allow you to discuss any health or ability concerns with the  Teacher in advance of the Session.

10.5.

We deduct a booking fee from the payment made to Teachers for all Sessions that are booked on or following an introduction made via Our Platform as agreed in our terms with Teachers.  We do not charge a booking fee to you.


11. Taxes

11.1.

It is the responsibility of Teachers to collect and pay takes on any bookings taken through Our Platform.

11.2.

Where any tax, for example VAT, forms a part of the price of any Session on Our Platform, the tax must be included in the price of the item.

11.3.

For further information on VAT and other taxes in your location, please contact your local tax authority.


12.
Delivery of Sessions

12.1.

Teachers are required to teach the Sessions which have been booked by Students on our Site and allow Students to attend upon notification of payment from a Student under Clause 10.

12.2.

As stated in sub-Clause 8.2.3, you must provide complete and accurate contact details to the Teacher. The  Teacher is responsible for ensuring that they use the email address exactly as you provide it to them, but if online access codes or any other relevant information for a Session does not reach you due to an incorrect address provided by you, it is your responsibility and not the Teacher’s.

12.3.

It is your responsibility to make your Teacher aware of any relevant medical information and it is the Teacher’s responsibility to assess any medical information provided to them by you directly or via our booking confirmation email in advance of the Session and discuss any concerns directly with you to ensure they are satisfied the Session is appropriate for you.

12.4.

For any online Session you attend you must either have your screen on or confirm that you are doing the class at your own risk. You should notify your Teacher if you are located outside of the European Union so that they can advise you if there are any relevant restrictions that apply in their insurance cover in respect of that location. Before starting the Session, you should also ensure that the space you plan to use is safe from hazards.

12.5.

If you are attending a Session in person the Teacher may be required to obtain and hold necessary Student contact details for test and trace purposes in accordance with the latest government guidance (which can currently be found at https://www.gov.uk/guidance/nhs-test-and-trace-how-it-works) and you shall comply with any such requirements.

12.6.

Children of 13 years plus may join a Session with the strict supervision of an adult in the case of family or teen classes.  The Teacher of a family or teen class is required to have an appropriate DBS Certificate. If you have booked a Session for children between the ages of 13 and 18 will be required to acknowledge that you will be responsible for any children in the Session and that you will be in attendance for the duration of the Session.

12.7.

Teachers reserve the right to expel a Student from a Session if their conduct is unacceptable, or in their reasonable opinion may be harmful to their or Our reputation, or expulsion is otherwise in the interests of the other Students. If there is any such behaviour at a Session which has been advertised on Our Platform the Teacher is required to notify Us as soon as reasonably possible and we may take steps to suspend the relevant Student’s use of our Platform.


13.
Your Rights to Cancel 

13.1.

If you are a consumer (that is, not a business) based in the European Union, you may be entitled to a “cooling-off” period within which you may cancel your contract with a Teacher and for any reason. If applicable, the cooling-off period ends 14 calendar days after the day on which you (or someone nominated by you) forms a contract with the  Teacher.

13.2.

The cooling-off period does not apply in the following circumstances:

13.2.1. If the Session that the Student has booked through an “off-premises” means (such as through Our Platform) has a value of less than £42; or

13.2.2. If the Session that the Student has booked is for a leisure activity to take place on a specific date.

13.3.

Given the circumstances in Clause 13.2 will most likely apply to all Sessions advertised on our Platform, we do not consider the “cooling-off” period will apply and as such we will adopt the cancellation policy at Clause 13.4 for bookings made on the Platform unless agreed otherwise in writing between you and your  Teacher or the “cooling-off” period does become applicable.

13.4.

You will be entitled to cancel attendance at a Session provided the cancellation is made 24 hours in advance of the start time of the Session you have booked on Our Platform.  No refund shall be made in respect of a cancelled Session but you can reschedule a booking free of charge or receive a credit for a Session with the same Teacher for an identically priced Session at any time.  If a suitable Session with the Teacher you booked with is not available but a Session with another Teacher with an identical price is available we can make arrangements to transfer your booking to that different Teacher’s Session.

13.5.

The Teacher may choose to make a refund outside of the cancellation policy at sub-Clause 13.4 and they are required to notify Us of this if they wish Us make a refund from our Third Party Payment Services Provider to you and We will facilitate their request or they may choose to make a refund directly to you on the basis that you provide them with your bank details and give them permission to do so.

13.6.

Students may create an account when registering on Our Platform. In the event that you register an account, you may cancel it at any time and we will delete your data in accordance with our privacy policy at https://www.yogamapp.com/privacy-policy/.

 

14. Problems with Transactions and Your Rights

14.1.

By law, Teachers must carry out their services with a reasonable level of skill and care accordance with any pre-contract information that they provide to you, and that match the Session advertised to you (unless the Teacher has made you aware of any differences).

14.2.

If a Session does not conform with the requirements outlined in sub-Clause 14.1 and, for example, is not the style of the Session advertised, you must contact the Teacher as soon as reasonably possible to inform the Teacher of the problem and the Teacher is required to make every effort to resolve the problem in accordance with your contract with them and the law.

14.3.

Refunds (whether full or partial, including reductions in price) under this Clause 14 must be issued within 14 calendar days of the day on which the Teacher agrees that you are entitled to a refund. The procedure for issuing a refund at sub-Clause 13.5 will apply.
14.4. Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.


15.
Further Transaction Cancellation Rights

15.1.

The Teacher has the right to cancel an advertised Session and arrange attendance at an alternative Session in the first instance or issue a full refund of any sums paid in the following circumstances:

15.1.1. You and the Teacher have mutually agreed to cancel the Session before it takes place;

15.1.2. You have not paid; or

15.1.3. The Teacher is not able to provide the advertised Session due to them having sickness or injury;

15.1.4. The Teacher has chosen (acting reasonably) not to allow the Student to attend the Session.

15.2. Any refunds agreed must be made within 14 calendar days of:

15.2.1. the date on which you and the Teacher agree the cancellation, under sub-Clause 15.1.1; or

15.2.2. the date on which the Teacher informs you that they are cancelling the transaction, under sub-Clauses 15.1.3 and 15.1.4.

15.3. The procedure for issuing a refund at sub-Clause 13.5 will apply.


16.
Our Liability to You

16.1.

As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Students and Teachers. Furthermore, as stated in sub-Clause 5.2, We do not make any assessment of your suitability to attend a Session and as stated in sub-Clause 5.4 We only pre-screen Teachers or any Sessions that Teachers advertise in Listings on Our Platform for Our own due diligence. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any Sessions booked from Teachers on Our Platform. Any claims in relation to a booking or delivery of a Session must be made directly against the  Teacher concerned.
16.2. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms or as a result of Our negligence.
16.3. Subject to sub-Clause 16.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
16.4. Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
16.5. Nothing in these Terms seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.


17.
Communication and Contact Details

We hope that you enjoy using Our Site, Platform and any Sessions that you book via ) Our Platform and We always welcome any feedback you may have. You may contact Us by email at support@yogamapp.com or by telephone at +44(0)7787 423651 in relation to any matter.

 

18. Data Protection

18.1.

All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
18.2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookies Policy https://www.yogamapp.com/cookies-policy/.
18.3. Teachers will also collect, hold, and process your personal information in the course of transactions (for example, your name, email address, postal address and any relevant health information). Teachers are required to have their own privacy policies in place to govern their collection, processing, and holding of Students’ personal data and you should contact the Teacher directly for this. Teachers are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting your rights under the GDPR.


19.
Other Important Terms

19.1.

We may transfer (assign) Our obligations and rights under these Terms to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
19.2. You may not transfer (assign) your obligations and rights under these Terms without Our express written permission.
19.3. If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms.  The remainder of these Terms shall be valid and enforceable.
19.4. No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.
19.5. We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements.

 

20. Law and Jurisdiction

20.1.

These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
20.2. If you are a consumer, you may benefit from any mandatory provisions of the law in your country of residence. Nothing in sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.
20.3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England unless determined otherwise by your residency.
20.4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.