Special Yoga Ltd. Terms and Conditions

Special Yoga Limited (“SY”) offers this class, course or teacher training and all information, tools and services, including, but not limited to music, text, software, visuals, photographs, videos, sound or other material (together, “Content”), to you the user, conditioned upon your acceptance of these terms and conditions in their entirety.

Contents

• Usage Policy
• Accounts and Security
• Course Enrolment and Content
• Payments
• Cancellations, Refunds and Transfers
• Use of Image Permission
• Personal Conduct
• Certification
• Third Party Services
• Privacy and Security Policy
• Complaints

Usage Policy 

Your usage of the website at https://specialyoga.co.uk, owned by Special Yoga Ltd of 10 Ariel Drive Bournemouth, Dorset BH6 4LR, company registration number 08702288 (the “Website”, is in agreement with this Disclaimer and Privacy Statement and the policies contained therein. You may signal your disagreement to these terms by failing to visit the website.

Our courses are designed for your education and enjoyment only. It is your responsibility to ensure that you are sufficiently fit, physically, mentally and emotionally, to undertake all components of the training course or service. It is your responsibility to notify us of any pre-existing medical conditions as well as any special assistance you may reasonably require prior to enrolment or before commencing any of the exercises contained with the course and again if circumstances change throughout the period you are undertaking a training or services with SY.

You acknowledge that there are risks involved in performing physical activity including but not limited to musculoskeletal strains, pain and injury, and that certain abnormal changes may occur during or following exercise which may adversely affect blood pressure, cause heart attack or even death.

You acknowledge that certain courses contain pranayama (breathing practice), and while pranayama is generally very safe, not all Pranayama techniques are suitable for everyone. Some of the practices are very strong and if you have mental health issues, have been diagnosed with a mental health condition or are currently taking medication for your mental health you must inform us prior to taking these modules.

The information provided in Site is strictly for reference only and is not in any manner a substitute for medical or psychological advice Not all yoga poses are suitable for all persons. Always consult your health care provider and obtain full medical clearance before practicing yoga or any other exercise programme.

Please take responsibility for yourself and your current abilities during your practice. Remember that each day is different, and even if yesterday you were able to perform a movement, that is no indicator that the same exercise is possible today. Please move within your comfortable limits and if you’re in any doubt whatsoever, please seek medical advice.

Limitation of liability

SY shall not be liable for any special or consequential damages that result from your participation in the services, events and activities offered on or through this site. We do not accept any liability whatsoever for any injury or damage whatsoever arising from accessing any of our courses online or in person.

SY are not liable for any loss or damages arising out of or in connection with your use of the website. SY is not liable for any damages whatsoever resulting from the statements or conduct of any third party or the interruption, suspension or termination of any services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or intentional.

Neither SY nor any of its employees or agents makes any warranty, express or implied, including the warranties of merchantability and fitness for purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.

Liability for teaching

You acknowledge that you shall be responsible for your omissions, errors or neglect when performing, conducting, teaching or instructing material you may have learned through SY and shall maintain public liability insurance, professional indemnity insurance and any other insurance cover as appropriate for your business and professional qualifications.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the Courts of England and Wales. This will not prevent SY from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of these terms and conditions in any other jurisdiction throughout the world.

Accounts and Security

You will need to enrol in the SY online school to engage in most activities. These include using a free class and purchasing and enrolling in a course or teacher training.

When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address.

You accept complete responsibility for your account and everything that happens on your account, including any harm or damage (to us or anyone else) caused by someone using your account without your permission.

You agree to be careful with your password and keep it somewhere safe.

You may not transfer your account to someone else or use someone else’s account without their permission.

When enrolling in a class or course you agree not to share your log in details with anyone else and agree to notify us immediately if you discover that someone else may have been using your account and log in details without your permission.

Course Enrolment and Content

When you purchase a course with us you are granted a non-exclusive, non-transferable license to access and view its contents and resources solely for your individual, non-commercial, educational purposes

Whether it is a free or paid course, as a student you agree not to share, transfer or resell courses in any way. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Special Yoga authorised representative. Courses are licensed, and not sold, to you.

For our one day, foundation and teacher training courses which involve live webinars and/or mentor support we generally give access to a course for one month after the last live interaction (webinar or mentor phone call).  For all others courses access is generally for three months after registration but may be longer at our discretion.

You may not use the Content for any illegal or unauthorised purpose nor may you, in the use of the Content, violate any laws in your jurisdiction (including but not limited to copyright laws and other intellectual property rights of SY or of others). You must not transmit any worms or viruses or any code of a destructive nature.

You agree to release SY from all liability for having accessed or not accessed Content. The Content may contain, or link to services containing, information and content that some people may deem inappropriate or may find offensive.

In no case shall SY, its directors or service providers be liable for any injury, loss (financial or otherwise), claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, arising from your use of the Content or any products procured using the Content, or for any other claim related in any way to your use of the Content or any product. SY’s liability shall be limited to the maximum extent permitted by law.

You must be at least eighteen (18) years of age to enrol onto any of our courses. By using this site and/or by enrolling onto any of our online trainings, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

• The entire content, organisation, graphics, design, compilation, magnetic translation, digital conversion, printed and other materials related to SY services, events and activities are the property of SY.

Payments

• To book a place at one of our training courses we require payment in full or by published Payment Plan via our website or online school.
• For organisations booking on behalf of an employee or group of employees we may offer payment via invoice. If you would like to request payment by invoice please contact [email protected]
• Payments must be paid in full or the first instalment paid if on a payment plan, prior to the start of the training.
• SY accepts the following payment methods; bank transfers, direct payment through online booking system and payment plans (selected courses only)
• You confirm and agree to use only credit cards or other payment means which you are duly and fully authorised to use, and that all payment related information that you provided and will provide in the future, to or through SY is accurate, is current and correct and will continue to be accurate, current and correct.
• By enrolling you are agreeing to be responsible for the payment of the applicable fees in full. You are responsible for ensuring any cost incurred in making such payment including but not limited to bank fees or transfer charges is paid by you and not us.
• You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published by SY. By providing us with your Payment Means you authorise us to bill and charge you through that and you agree to maintain valid Payment Means information in your Account information.
• You agree to pay the fees for courses that you purchase, and you authorise us to charge your debit or credit card for those fees. SY works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure.
• If your payment fails, we reserve the right to disable access to any course for which we have not received adequate payment.

Course access

1. In Person Training: SY reserves the right to refuse access to the relevant in person training courses and services, without refund of previously paid monies, to students who have not paid their course fees in full or who are in arrears on their payment plans prior to the start of the in person training course until such time as full course fees have been received or arrears settled.

2. Online: If purchase of an online course is via payment plan and a payment is missed you will be notified and a second attempt will be made to secure payment. If the second attempt fails your enrolment in the course will end and you will be denied access to the complete course.

Payment plans

• Where a Payment Plan is offered, the first payment will be required at the time of enrolling in the course. The number and value of subsequent payments will depend upon the total price and length of the course being taken; these will be visible on the Course Home Page and on the checkout page when you complete your purchase.
• If a payment is missed you will be notified and a second attempt will be made to secure payment. If the second attempt fails your enrolment in the course will end and you will be denied access to the complete course.

Coupon codes

• From time to time special offers, early bird prices and discounts will be made available for teacher training and short courses.  A coupon code will be published or shared which is applied at the checkout.

Coupon Codes are published with an expiry date or limited quantity. When the number of enrolments in the course either meet the quantity of coupons available, or where the end date of the coupon has elapsed, to offer will no longer be valid.

Third Party payments

If a third party (for example, your employer, partner, spouse, parent or other relative) is paying for your fees, you are required to give the name and address of the payer in your application to enrol and ensure SY is provided with written confirmation (e.g. a purchase order) from such third party confirming that they are paying your fees. Notwithstanding any third party agreeing to and/or actually paying any of your fees, you remain personally and fully responsible for the balance (if any) in the event of failure on the part of the third party to pay.

Cancellations, Refunds and Transfers

On condition that you have not accessed the course materials you may withdraw from a course for any reason (including if you simply change your mind) within 30 days of us (or an agent acting on our behalf) enrolling. To withdraw, you must notify us in writing using durable and recordable medium (including e-mail) within those 30 days. You will then be entitled to a refund from SY in respect of the fees received by us for the course you have withdrawn from less a £50 cancellation fee. In such instances you will also be responsible for any costs incurred by us such as bank fees, transfer charges or merchant service charges from processing/receiving your payment of the fees and or refunding the fees. Post 30 days all payments made to SY are non-refundable unless the training course is cancelled by SY.

If you have enrolled onto a course and are then unable to attend, transfers between courses will be considered on a discretionary basis. SY reserves the right to deny transfer requests.

Provided the student has made a formal request to transfer, and the remaining time to the start of the course is more than 30 days from the time of receipt of the transfer request, SY will consider the request.

In the case of the transfer request being approved, a £50 administration and transfer fee will be applied to the balance of any monies previously paid by the student.

You are able to transfer to another SY course up to one calendar year from the date of the first payment.

We reserve the right to cancel a training course or services in the event of exceptional circumstances. In the event of a Pre-Release Purchase being made you will be given a full refund of fees you have paid.

SY reserves the right to change and/or cancel the dates and venues for training days. No refund of fees will be given in these circumstances. You will be able to transfer to another training day (whatever the case may be) at no extra cost to you.

Expenses and Fees

SY accepts no liability to refund, partially or completely, any costs incurred by the student in relation to a cancelled training courses (such as airline tickets, hotel expenses, transportation, bank fees etc.)

Use of Image Permission

With your participation in our services, events and activities you give your full permission for any pictures, video and audio which are taken within the context of the service, event or activity to be used for promotion and marketing activities and material.

It is your responsibility to inform SY if you do not wish to be included in these pictures, video or audio.

Personal Conduct

• You are required to conduct yourself in an appropriate manner at all training days and within the community pages of the online school. If you behave in a manner which in the opinion of SY is threatening, abusive, offensive or otherwise unacceptable, SY will have the right to bar you from that and all future training or services.
• You will remain liable for all the fees and no refund of fees will be given. If you behave in a manner which, in the opinion of the third party venue operator in which the training day, or course day is taking place, is threatening, abusive, offensive or otherwise unacceptable, they will have the right to take whatever action they deem appropriate, which may include banning you from that venue.
• If you are unable or unwilling to travel for whatever reason and at your own cost to an alternative training day venue, or course day venue on an alternative scheduled training day or course day date, you will remain liable for all the Fees and no refund of Fees will be given.
• When accessing our training courses, you are acknowledging and agreeing that this may include self-guided, self-paced and independent study where you are in charge of your own learning.
  
  

Certification

• Awarding organisation certificates to show successful completion of a course will not be issued until after SY has received payment in full for the course for which you are being certificated.
• All certificates will be issued in the name held on our records at the date you successfully complete the course or module. It is your responsibility to inform SY in writing of any change of name.
• If you lose a certificate and require a replacement, a fee of £20 (sterling) will be payable. If you change your name or address prior to the date you successfully complete the course or module but fail to notify us and require SY to issue a new certificate, a replacement fee of £20 will be payable. Please note we are unable to issue replacement certificates in a new name if the change of name occurred after the date you successfully completed the course or module.

Third Party Services

• Thinkific - Our course and site is hosted by Thinkific Labs Inc. (“Thinkific”). They provide us with the online course creation platform that allow us to sell our product/services to you.
• Your data is stored through Thinkific’s data storage, databases and the general Thinkific application. They store your data on a secure server behind a firewall.
• Payment: If you make a purchase on our site, we use a third-party payment processor such as Stripe or Paypal. Payments are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.
• All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our site and related courses and its service providers.
• In the event that specialyoga.co.uk / Thinkific experience any technical issues, we would anticipate that our technical support team would work to rectify any problems within 1-3 hours. If you experience any technical issues whilst using the website, please inform us using the following email address [email protected].
• For more insight, you may also want to read Thinkific’s Terms of Service here https://www.thinkific.com/resources/privacy-policy/ or Privacy Statement here https://www.thinkific.com/resources/terms-of-service/
• In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
• Certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our course website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
• Links: When you click on links on our course site, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Privacy & Security Policy

• We comply with GDPR legislation.
• Your personally identifiable information is kept secure.
• Only authorised employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information.
• By signing onto our courses, you give permission for us to add you name and contact details to an email list. This will be used to share information pertaining to the training course only. Upon completion of the course the course email list will be deleted.
• Only people who have opted in to do so will receive our group emails and newsletters. Group emails and newsletters will allow you to opt out of further mailings.
• Group emails and newsletters will be limited to email.
• SY will not sell trade, rent, exchange or otherwise share your personal information with any other person, company or organisation without your express consent to do so (see below).
• Students of courses Special Yoga for Special Children and Teaching Yoga and Mindfulness to Children will be asked for consent to their contact details (name, phone number and email) being passed onto Yoga Alliance Professionals (YAP). Such students will be contacted directly by YAP and invited to register as a Trainee and/or Teacher. This will be done when attending the course.
• Online School: When you create an account and use the SY online school we collect any data you provide directly, including:
• Account Data: In order to enrol in a class, course or teacher training you need to create a user account. When you create an account we collect and store information you provide such as your name, email address and enrolments.
• Profile Data: If entered we will store your company, title and time zone
• Courses Data: When you enrol in and take a course we will collect and store the courses you have purchased, your progress on those courses including assignments, quizzes and questionnaires you’ve started and completed; your exchanges with instructors and other students; and essays, answers to questions, and other items submitted to satisfy course requirements and any completion certificates awarded.
• Notification Data: We store your notification preferences.
• Shared Content: Parts of the Services let you interact with other users or share content publicly, including by posting reviews on a course page, asking or answering questions, sending messages to students or instructors, or posting photos or other work you upload. Such shared content may be publicly viewable by others depending on where it is posted.
• Payment Data: If you make purchases, we collect certain data about your purchase (such as your name and postcode) as necessary to process your order. You must provide certain payment and billing data directly to our payment processing partners, including your name, credit card information and billing address. SY does not collect or store sensitive cardholder data, such as full credit card numbers or card authentication data.
• You can ask for content to be removed from specialyoga.org.uk/Thinkific. We will remove content:
• In order to comply with data protection legislation covering the rights and freedoms of individuals.
• If it breaches copyright laws, contains sensitive personal data on material that may be considered obscene or defamatory.
• Contact us to ask for content to be removed. You will need to send us the web address (URL) of the content and explain why you think it should be removed. We will reply to let you know whether we will remove it.

By enrolling on a training course with Special Yoga or accessing any of our online material I confirm to have read all information and take full responsibility for my participation in this event.

Complaints

If you have cause for complaint, please contact [email protected] as soon as you can. Ideally, we will address the cause of your concern before you wish to lodge a complaint.