Terms & Conditions
1. SOULCIRCUS LTD: Release and Waiver
A) SOULCIRCUS LTD; The Rectory, 1 Toomers Wharf, Canal Walk, Newbury, Berkshire. RG14 1DY In consideration of participating in any sessions from SoulCircus at Home via www.soulcircusvideo.yoga (the “Activity”), I agree and acknowledge that I am fully aware that participation in the Activity may involve risks.
B) “Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, ﬁnancial or economic loss, or loss or damage to or loss of your property incurred or suffered by you directly or indirectly as a result, in whole or in part from my participation in the Activity. “Released Party” means SOULCIRCUS LTD. and all of their parent and group companies afﬁliates, franchisees and their respective assignees, representatives, directors, ofﬁcers, agents, sub-contractors, employees and volunteer staff. I agree and acknowledge that: (a) the Activity may be physically strenuous; (b) I am in proper physical condition to participate in the Activity; (c) I am aware that participation could, in some circumstances, result in physical injury, serious physical injury or death; and (d) I understand my physical limitations and am sufﬁciently self-aware to stop physical activity before I become ill or injured and will do so. Waiver and Limitation of Liability I hereby, for myself and for my heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any Claims, I may have now or at any other time, against any Released Party and I agree, by accepting the inherent dangers and risks associated with the Activity, not to make any Claim against or seek any compensation from the Released Parties in respect of any personal injury, illness or death suffered by me (unless such a death or personal injury is caused by the negligence of that Released Party) or damage to or loss of property I sustain as a result of my participation in the Activity; I agree to hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim (excluding personal injury or death caused by the negligence of that Released Party); I acknowledge and agree that no Released Party shall be liable for any personal injury, illness or death, unless caused by the negligence or wrongful act of that Released Party; I accept that this Release and Waiver is reasonable given the nature of the Activity. Medical disclosure I agree and acknowledge that my health and ﬁtness needs to be appropriate for this Activity and that the Released Parties recommends: (a)I should seek medical advice if I am uncertain (b)I should not take part in the Activity against that advice. The Released Parties reserve the right to refuse any participant the right to commence or require the participant to cease participation in the Activity should they believe it necessary on medical grounds. I acknowledge and agree that if I fail to comply with the duty of medical disclosure and if the Reserved Parties would have not permitted me to undertake the Activity, or continue participation, had I made a full disclosure, the Reserved Parties will not be liable for any personal injury, death or property damage or loss I incur. Nothing in the clause excludes or limits a Released Party’s liability for death or personal injury which arises as a result of such Released Party’s negligence. I am aware that there is no obligation for any person to provide me with medical care during the Activity. I understand and
acknowledge that I participate in an Activity via “SoulCircus at Home” through www.soulcircusvideo.yoga completely at my own risk.
C) Images, Videos and Copyright I grant my permission to the Released Party and any transferee or licensee or any of them, to utilise any photographs, motion pictures, videotapes, recordings and other references or records of the Activity which may depict, record or refer to me for any purpose (“Images”), including commercial use by the released parties, their sponsors and their licensees. This permission is for use anywhere in the world and on the internet and for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of the Images and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use the Images. I hereby release the Released Party including, without limitation, all persons who took or otherwise created, recorded or modiﬁed the Images, from any and all claims, actions, damages, interest, costs, expense and compensation of whatsoever kind and howsoever arising, whether known or unknown, and which I now have or at any time hereafter can, shall or may have in connection with, or in any way resulting or arising from, the Images and the creation, use or disposition of them. I acknowledge and agree that the Released Party shall own all right, title and interest, throughout the world, in and to the Images and any materials compromising all or any part of the Images, and that the Released Party has the unrestricted right to use, license, sell, transfer or otherwise dispose of any or all of them, as well as the Released Party’s rights under this Release and Waiver, in any manner whatsoever and without any accountability to me. I hereby assign to the Released Party all right, title and interest, throughout the world, I may have in and to the Images and any materials comprising all or any part of the Images, including all intellectual property rights thereto. I hereby irrevocably waive any and all of my moral rights and any other irrevocable rights I may have, throughout the world, in or to the Images and any materials comprising all or part of the Images. If any provision, or part of a provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
D) Users under 18’s Years Old: If the participant of the Activity is less than 16 years of age, the parent or guardian agrees to the following statements: As a parent or guardian of the participant child, I authorise the child to participate. I agree that in the event the participant child, or anyone acting on his or her behalf, should make any claim, I will provide the hold harmless described and I agree to the terms of this Release and Waiver. In the event of a medical emergency involving the participant child and any Released Party is unable to contact me, I agree and grant my permission that any Released Party may provide medical care to the participant child. Waiver and Limitation of Liability Conﬁrmation Nothing in this Release and Waiver shall exclude or limit the liability of any Released Party for death of personal injury caused by such Released Party’s negligence, fraud or fraudulent misrepresentation, or for any other matter excluded by law. I have fully read and understand this agreement. I am aware that by signing this agreement, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns may have against the Released Party.
E) Data Protection Notice and Declaration The information you provide on this form will be held and processed by SOULCIRCUS LTD. I hereby acknowledge that the information may be shared with the representatives, agents, employees or contractors of SoulCircus or its afﬁliates for the purpose of the administration and operation of the Activity. The information you provide on this form will be held in accordance with the Data Protection Act 1998. You are responsible for the accuracy and completeness of the information supplied and in particular the supply of personal information to us. By signing below you are agreeing to the use of your personal information as described in this notice and conﬁrming.
2. Notes Before You Practice
A. If you feel unwell in any way or if you experience any discomfort whilst partaking in any Activity through the website, please stop and consult a health practitioner immediately. Please take responsibility for yourself and your current abilities during your practice. Please move within your comfortable limits and if you’re in any doubt whatsoever, please seek medical advice.
B. Please consult your healthcare practitioner before starting any new exercise. This is particularly important if you have any limiting condition at all or are overweight, pregnant, breast feeding, on regularly medications, or have any existing medical conditions.
C. Make sure there’s sufﬁcient space around you when you practice so that you’re practicing safely. Before attempting any movement, it’s important to warm up properly and cool down afterwards to avoid injury. Some of our shortened online activities may do not have a arm u or cool down period., it is your responsibility to warm and cool down as required.
D. Carrying out physical exercise whilst under the inﬂuence of alcohol or drugs is highly not recommended.
E. It is not recommenced to eat directly prior to practicing.
B. SoulCircus Ltd strictly complies with our obligations under the European data protection acts and we will never share your data with any third party companies.
C. Retained Data – Personal Information. This is data that identiﬁes you or can be used to identify or contact you and may include your name, company name, address, email address, user IP addresses in circumstances where they have not been deleted, clipped or anonymised and telephone number. Such information is only collected from you if you voluntarily submit it to us.
D. Retained Data: Non-Personal Information. We gather statistical and other analytical information collected on an aggregate basis of all visitors to our web site. This non-personal data comprises information that cannot be used to identify or contact you, such as demographic information regarding, for example, user IP addresses where they have been clipped or anonymised, browser types and other anonymous statistical data involving the use of our website. We use the nonpersonal data gathered from visitors to our website in an aggregate form to get a better understanding of where our visitors come from and to help us better design and organise our website.
F. How we process and use your personal data. SoulCircus Ltd will process any Personal Data you provide to us to (i) to provide you with the services you have requested; (ii) to contact you if required in connection with your request or to respond to any communications you might send to us; (iii) to send you newsletter, event alerts, information about product & services from which you can opt out at any time by unsubscribing from our mailing lists.
G. Disclosure of Information to Third Parties. We do not sell, trade or rent your personal information to others. All information is used solely for our own internal purposes. We may provide nonpersonal data to third parties, such as informing third parties of the number of unique users who visit our website, the demographic breakdown of our community users, or the activities that visitors to our website engage in while on our website. The third parties to whom we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.
H. Disclose of personal data under applicable law. We will disclose your personal data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.
I. Security. Your personal data is held by SoulCircus Ltd in accordance with industry best practices. We do not store your credit card information, number, expiry date or CVV security code on our servers. To ensure optimal security, we use a third party (Paypal Business for all debit & credit card payments). Paypal use a PCI-DSS compliant SSL platform, secured by encryption and authentication. We take all reasonable steps (including appropriate technical and organisational measures) to protect your personal data.
J. Users under 18 years old. The Website may contain video content targeted at children or younger people. Please note that that we expect all younger people to be accessing the site only via their parent or guardian. When you provide information about yourself as a user of the Website, you are thus representing yourself as 18 years of age or older. Our policy is that we do not knowingly collect, use, or disclose personal information about visitors under 18 years of age. However if we do become aware of having collected personally identiﬁable information from a user under 18 without consent of a parent or legal guardian, we will remove such information from our servers.
K. Access to you Personal Data held by SoulCircus Ltd. You have a right to have your personal data corrected, if inaccurate, or, in certain circumstances, erased. Please forward any such requests in writing by email to email@example.com
A. Please read these terms and conditions carefully; this is a legally binding statement and please note refunds are only provided on a discretionary basis and a cooling off period does not apply. www.soulcircusvideo.yoga is owned and operated by SOULCIRCUS LTD; The Rectory, 1 Toomers Wharf, Canal Walk, Newbury, Berkshire. RG14 1DY
B. These terms and conditions include general terms and conditions for use of our website entitled “Soul Circus at Home” owned and operated by SoulCircus Ltd through www.soulcircusvideo.yoga SoulCircus Ltd reserves the right to update and amend these terms and conditions from time to time – any changes to the main terms and conditions including pricing options will be communicated (to the best of our endeavour) to all “subscribers” or “membership” holders of our products & services as available via the above website through either our digital social media channels and/or digital newsletters.
C. If you are 18 years old or younger, by using this website and its products and services, you acknowledge that you have the explicit permission from your parent or guardian to do so.
D. Acceptance of these Terms & Conditions laid out below. By using the SoulCircus at Home website, you agree to be bound by this Agreement, whether you are a “Visitor”; which means that you simply browse the website, or you are a “Subscriber”; which means that you have registered on the website for paid products & services as a “user. We may modify this Agreement from time to time, and such modiﬁcation shall be effective upon its posting on the Website. You agree to be bound by any modiﬁcation to this Agreement when you use the Website after any such modiﬁcation is posted; it is therefore important that you review this Agreement regularly. In these terms and conditions, the following deﬁnitions apply:
E. “Services” means any information, video content, photos, articles and services ordered and/or provided by SoulCircus Ltd through the Soul Circus at Home website and all services offered as part of the ongoing monthly membership subscription or when viewed as a Visitor.
F. “Products” means any products offered for sale on the website.
G. You may use the website for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the website for any purpose including any commercial purpose including for selling any products or services.
H. You must not share your membership details with any other third party for multi-use access to the platform. If you share your login details with another party, we reserve the right to back charge you for lost monthly membership revenue which we can track through IP information.
I. SoulCircus Ltd accepts no obligation to monitor the use of the website. However, SoulCircus Ltd reserves the right to do so and 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. SoulCircus 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.
K. You are referred to the important Release and Waiver statement at the top of these terms and conditions. Subject to that statement you agree that your use of products and services offered by Soul Circus at Home through www.soulcircusvideo.yoga the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, the Company does not enter into conditions, warranties or other terms in relation to the website, the Products or the Services (including any implied term relating to quality, ﬁtness for a particular purpose) or any guaranteed or predicted result.
L. The website includes links to external sites, e-mails and co-branded pages. SoulCircus 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. SoulCircus Ltd is not responsible for the content of these site and pages or for anything provided by them.
M. Subject to the important Release and Waiver statement, SoulCircus 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 plus all events arising from Force Majeure.
N. SoulCircus Ltd may from time to time, suspend the operation of the website for repair or maintenance work or in order to update or upgrade the contents or functionality of the website. No ﬁnancial payments will be paid to any subscribers due to the interruption to service.
O. SoulCircus Ltd may terminate the Service immediately in the event you breach any of these terms and conditions or if you are late in paying or do not pay any sums due (including if the credit/debit card you use is not valid or does not work for another reason).
P. Once you subscribe for “Soul Circus at Home” Services or for Products through www.soulcircusvideo.yoga please note, that no contract will exist, in relation to the Services or Products until we (or one of our fulﬁlment merchant banking partners) 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. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the conﬁrmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer.
Q. From time to time, we may accept pre-orders for Services and/or Products that are not currently available but which are intended to become available shortly. No contract will exist in relation to the Services or Products pre-ordered until we (or one of our fulﬁlment partners) have conﬁrmed to you by email that the Services are ready to start or the Products are ready to be dispatched (as the case may be). Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the conﬁrmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer.
R. Billing. We will begin billing you for your monthly membership fees on a reoccurring calendar month basis. Membership fees will be due unless you cancel prior to your next calendar month. To view the speciﬁc details of your membership, including monthly membership price and end date of your free trial period, visit our website and click “Account & Billing” page. We may authorise your Payment Method through various methods, including authorising it up to approximately one month of service as soon as you register. We will continue to bill your for your membership fee until you cancel.
S. The Services are offered are on a subscription basis effectively setting up your “membership” to “Soul Circus at Home”. Subscription to such Services may be available for varying commitment periods.
T. If you choose a pay-monthly subscription with no commitment period, the monthly charges will be collected by debit/credit card until we or you cancel your subscription by clicking on your Account & Billing section on our website.
U. At the end of the initial three month subscription, you will automatically revert to a monthly membership fee until cancelled by SoulCircus Ltd or yourself. All payments are collected from the registered debit or credit card on our behalf by Paypal merchant banking.
V. All subscription fees are non-refundable.
W. If your membership commences with a promotional contract, you will automatically revert to the follow-on non promotional membership fee to which you agreed on expiry of that promotional period unless you cancel your membership.
X. SoulCircus Ltd may change these terms and conditions from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. The Company may delay enforcing its rights under these terms and conditions without losing them. You agree that the Company may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
5. SoulCircus Ltd Equality & Diversity Policy:
The purpose of this policy is to provide diversity and equality to all in employment, irrespective of their gender, race, ethnic origin, disability, age, nationality, national origin, sexuality, religion or belief, marital status and social class. We oppose all forms of unlawful and unfair discrimination. All employees, whether part time, full time or temporary, will be treated fairly and equally and with respect. Selection for employment, promotion, training or any other beneﬁt will be on the basis of aptitude and ability. All board members, employees and associates of SoulCircus Ltd will be helped and encouraged to develop their full potential and the talents and resources of the workforce will be fully utilised to maximise the efﬁciency of the organisation. SoulCircus Commitment: • Every employee is entitled to a working environment which promotes dignity and respect to all. No form of intimidation, bullying or harassment will be tolerated; • The commitment to diversity and equality in the workplace is good management practice and makes sound business sense. • Breaches of our diversity and equality policy will be regarded as misconduct and could lead to disciplinary proceedings; • This policy is fully supported by the Board of Directors and senior management and has been agreed; • The policy will be monitored and reviewed annually the board of Directors The Equality Act 2010 simpliﬁes, strengthens and harmonises the current legislation to provide Britain with a new discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society. The public sector equality duty requires public authorities to have due respect to eliminate unlawful discrimination, harassment and victimisation and victimisation of individuals based protected characteristics of :- Age, disability, gender reassignment, pregnancy and maternity, race, religion and belief, sex and sexual orientation. [Marriage and civil partnership are also protected characteristics under the Equality Act but it’s not covered by the public sector equality duty] Our strategic equality and diversity objectives: Advance equal opportunities to diversity and develop our workforce and leaders so that they better reﬂect our attendees Deliver high quality programming which is accessible as feasibly possible for all attendees.