Tara Yoga & Wellness
Terms & Conditions
Terms & Conditions for Tara Yoga & Wellness
“ Agreement” means this agreement which sets out the terms and conditions upon which Tara Yoga & Wellness shall provide their services to the and which comes into effect on the Effective Date;
“Booking” means scheduling the provision of Services with Tara Yoga & Wellness;
“Client” means a person or business who books the Services;
“ Terms and Conditions” means the terms and conditions of service that the Client contracts with Tara Yoga & Wellness;
“ Confidential Information” means, in relation to either party, any information (whether or not stated to be confidential or marked as such) which that party discloses to the other, or which the other party obtains from any information disclosed to it by that party, either orally or in writing or by any other means, under or in connection with this Agreement;
“ Payment” means the commission payable by the Tara Yoga & Wellness on the basis of a percentage of the total value of the session;
“Confidential and Proprietary Information” means any non-public information of any kind or nature in the possession of Tara Yoga & Wellness, including without limitation, ideas, processes, methods, systems, procedures, designs, innovations, devices, inventions, discoveries, know-how, data, techniques, models, lists of former, present and prospective customers, vendors, suppliers and employees, marketing, business or strategic plans, pricing structure, financial information, research and development information, trade secrets or other subject matter relating to Tara Yoga & Wellness products, services, businesses, operations, employees, customers or suppliers, whether in tangible or intangible form, including: (i) any information that gives Tara Yoga & Wellness a competitive advantage in the distribution and/or marketing of services in which Tara Yoga & Wellness is engaged, or (ii) any information obtained byTara Yoga & Wellness from third parties to which Tara Yoga & Wellness owes a duty of confidentiality, or (iii) any information that was learned, discovered, developed, conceived, originated or prepared during or as a result of the therapist or teacher’s performance of any services on behalf of Tara Yoga & Wellness
“Content” means all information created by Tara Yoga & Wellness, submitted to and/or published by Tara Yoga & Wellness on the Website including, but without limitation, blog articles, images and videos.
“Contract” means the contract between Tara Yoga & Wellness
“Intellectual Property Rights” means all intellectual property rights including without limitation, patents, trade and service marks, trade names, domain names, rights in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how and in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
“Login Details” means the usernames and passwords used by Clients to access their Account on the Tara Yoga & Wellness Website;
“Privacy Statement” means such policy in relation to data protection and privacy as is displayed on the Website from time to time;
“Purpose” means to copy, display, distribute, sub-licence, host, retain for archiving purposes, publish for Tara Yoga & Wellness own business purposes, including but not limited to purposes in respect of the Tara Yoga & Wellness Services and/or the Website;
“Therapy” or “Classes” refers to the sessions being supplied by the Tara Yoga & Wellness to the Client;
“ Website” means the Website at www.taraklassen.com
1. PROVISION OF SERVICES
1.1. The therapists and teachers of Tara Yoga & Wellness shall perform the Services in accordance with all laws and regulations applicable to the Services provided, including all laws and regulations related to data protection.
1.2. The therapists and teachers of Tara Yoga & Wellness shall use reasonable endeavours to observe all health and safety rules and regulations and any other reasonable security requirements that apply at the Premises.
1.3. The therapists and teachers of Tara Yoga & Wellness agrees not to have any contact with Clients outside of the confines of the accepted Client relationship, including any type of personal relationship..
1.5. Tara Yoga & Wellness is accountable for ensuring that all the Information and Content on the Website is factual, relevant and not misleading.
1.6. For online and phone Sessions, Tara Yoga & Wellness will charge the same fee as for in-office Sessions.
1.7. Tara Yoga & Wellness is accountable for ensuring that their availability of time and date on the Website is held completely up-to-date so that prospective s can access the availability in real time at the point of Booking Services.
2. TARA YOGA & WELLNESS Website
2.1. All qualified Teachers and therapists speak English, and most speak German, Luxembourgish and French as well. Please note your language requirements during the Booking process.
2.2 Tara Yoga & Wellness endeavours to provide the best service, but the understands and agrees that the Tara Yoga & Wellness Services are provided “as is” and “as available”, without express or implied warranty or condition of any kind.
2.3. The Therapist agrees not to reproduce, duplicate, copy, sell, resell or exploit the whole or any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which the Services is provided, without express written permission from Tara Yoga & Wellness Website.
2.4. Tara Yoga & Wellness does not warrant that:
a. The Website will meet the Client’s requirements;
b. The Website will be uninterrupted, timely, secure, or error-free;
c. The results that may be obtained from the use of the Website will be accurate or reliable;
d. The quality of any products, services, information, or other material purchased or obtained by the Client through the Website will meet the Client’s requirements or expectations; or
e. Any errors in the Website will be corrected.
2.5. The Client expressly understands and agrees that as regards use of the Website, Tara Yoga & Wellness Website shall not be liable for any loss or damages whatsoever (including, without limitation, damages for loss of income or profits, business interruption, loss of information, loss of data, or other intangible losses or for any indirect or consequential loss or damage) arising out of the use of or inability to use the Website.
2.6. The Client agrees that any feedback or ideas the Client provides to Tara Yoga & Wellness regarding any suggested improvements thereto will be the exclusive property of Tara Yoga & Wellness. To the extent the Client owns any rights in the feedback, the Client agrees to assign and hereby do assign to Tara Yoga & Wellness all right, title and interest in and to any feedback or ideas.
3. ETHICAL PRACTICE AND COMPLAINTS
3.1. The Therapist shall ensure that all actions undertaken whilst providing the Client Services will adhere to the highest possible professional standards and are in accordance with Tara Yoga & Wellness’s professional setting as well as the guidelines of all professional bodies of which the Client is a member.
3.2. The Therapist agrees to provide high quality care to all Clients regardless of the Clients’s race, religion, age, sex, sexual orientation, gender identity or gender expression, ethnic or national origin, disability, health status, socioeconomic status, marital status, or political affiliation.
3.3. Tara Yoga & Wellness reserves the right to publish and distribute results of the performance measures or other quality or compliance review results and will encourage the consideration of performance history in the selection of Client.
3.4. The Client understands that Tara Yoga & Wellness will monitor the teachers and therapists performance in consideration of the Client Service and may use the results of this monitoring to evaluate the teacher or therapist’s ability to provide adequate services to the Client. 4.7. Tara Yoga & Wellness retains sole authority to determine whether the Client’s performance under the contract is adequate.
3.5. Tara Yoga & Wellness shall promptly address any complaints they receive and shall respond to the relevant within 24 hours from receipt, whether the complaint was received directly from the Client or through Tara Yoga & Wellness Website.
3.6. To ensure the timely resolution of complaints that arise in connection with Client interaction in classes or therapies, Tara Yoga & Wellness agrees to make all efforts to reach a resolution to any complaints within 5 working days from receipt.
4. DATA SECURITY
4.1. For the purpose of this clause, the terms “personal data”, “data processing”, “process” or “processing”, “data controller” or “controller”, “data processor” or “processor”, “data subject” and “special categories of personal data” shall have the meaning given to them in the Applicable Data Protection Law.
4.2. Tara Yoga & Wellness and the Client agree that, with respect to the provision of Client Services, Tara Yoga & Wellness is the data processor and Tara Yoga & Wellness is the data controller.
4.3. When Tara Yoga & Wellness processes personal data in their capacity as data processor, the administrator of Tara Yoga & Wellness shall:
a. comply with all applicable Data Protection Laws in the Processing of Personal Data;
b. not process Personal Data other than that which is relevant to providing Tara Yoga & Wellness therapy and classes.
4.4. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Tara Yoga & Wellness shall, in relation to the Client’s Personal Data, implement appropriate technical and organisational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
4.5. In assessing the appropriate level of security, Tara Yoga & Wellness shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.
4.6. Tara Yoga & Wellness shall not appoint (or disclose any Personal Data to) any Sub-processor unless required by law and authorised by Tara Yoga & Wellness.
4.7. Taking into account the nature of the Processing, the Client shall assist Tara Yoga & Wellness by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Tara Yoga & Wellness obligations, as reasonably understood by Tara Yoga & Wellness, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
4.8. The Client shall:
a. promptly notify Tara Yoga & Wellness if they receive a request from a Data Subject under any Data Protection Law in respect of Personal Data;
b. and ensure that they do not respond to that request except on the documented instructions of Tara Yoga & Wellness or as required by Applicable Laws to which the Client is subject, in which case the Client shall to the extent permitted by Applicable Laws inform Tara Yoga & Wellness of that legal requirement before the the Client responds to the request.
4.9. The Client shall notify Tara Yoga & Wellness without undue delay upon the Client becoming aware of a Personal Data Breach affecting Company Personal Data, providing Tara Yoga & Wellness with sufficient information to allow Tara Yoga & Wellness to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
5. APPOINTMENTS, CANCELLATIONS AND PAYMENTS
5.1. Tara Yoga & Wellness may increase or decrease the session rates at our absolute discretion and will endeavour to notify Client by email prior to any such increase or decrease.
5.2. With regards to all Bookings, the Client is obliged to adhere with the cancellation and rescheduling policy set out in the Tara Yoga & Wellness Terms and Conditions. In summary, as follows:
a. Appointment times are reserved in advance, and 24 hours notice is required for cancellations and rescheduling. No refunds are payable for missed or cancelled Sessions with less than 24 hours notice.
b. Tara Yoga & Wellness agrees and acknowledges that Clients are entitled to and shall be provided with a full refund provided that cancellation takes place up to 24 hours prior to the time of their Session.
c. Health insurance Clients may forfeit a session as a result of cancellations, since some insurers do not cover for missed appointments.
d. If a Client asks to reschedule a Session with more than 24 hours notice, the Client can choose an alternative Session date and time. In the event that Tara Yoga & Wellness is unable to accommodate the requested change of time and date, the session will be considered cancelled, and the Client will be refunded.
e. The Client will not be charged for the teacher or therapist’s absences.
6.1. Tara Yoga & Wellness agrees to preserve and protect the confidentiality of the Confidential and Proprietary Information and all physical forms thereof, whether disclosed to Client before this Agreement is signed or afterward.
6.2. In addition, Tara Yoga & Wellness shall not disclose or disseminate the Confidential and Proprietary Information to any third party and shall not use the Confidential and Proprietary Information for their own benefit or for the benefit of any third party.
6.3. Without limiting the generality of the foregoing, the Client shall be prohibited from discussing the Tara Yoga & Wellness Website with a representative of the press or media, either directly or indirectly, without Tara Yoga & Wellness’s express prior written approval.
6.4. This clause shall survive the termination or expiration of this Agreement.
7. LIABILITY AND INSURANCE
7.1. Tara Yoga & Wellness will under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement for any loss of profits, sales, business, or revenue, loss or corruption of data, information or software, loss of business opportunity, loss of anticipated savings, loss of goodwill or any indirect or consequential loss howsoever arising, and including, without limitation, any loss in respect of which you have notified Tara Yoga & Wellness may be incurred.
7.2. The Client is responsible for their own safety and health throughout their sessions with Tara Yoga & Wellness. Tara Yoga & Wellness will not be held responsible for the actions, words or behaviours of the Client, both in and outside the sessions.
7.3. This clause shall survive the termination or expiration of this Agreement.
8. OUR RIGHT TO VARY THESE TERMS
8.1. We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
8.2. Revisions or amendments to these Terms will be communicated to the Client by way of marketing materials, emails or such other methods as we shall determine.
9.1. If any provision of an Agreement is found by a court or other competent authority to be be illegal, invalid or unenforceable, that provision shall be deemed to be deleted from the Agreement and the remaining provisions of the Agreement shall continue in full force and effect.
9.2. All Content included in or made available through the Tara Yoga & Wellness Website such as text, graphics, logos, button icons, images, audio clips, digital downloads, videos, articles, data compilation, and software is property of Tara Yoga & Wellness and is protected by International copyright laws. Nothing in this Agreement shall give the Client any rights in respect of any such Intellectual Property Rights or of the goodwill associated therewith.
9.3. A person who is not a party to this Agreement has no right to enforce any term of this Agreement.
12.6. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
12.7. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
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