Copyright Notice 

© Heather Elizabeth aka Newdayyogi.com, All Rights Reserved.

The content of this website is protected by the copyright laws of England and Wales and by International laws and conventions. No content from this website may be copied, reproduced or revised without the prior written consent of Heather Elizabeth aka newdayyogi.com. Copies of content may be saved and/or printed for personal use only. 

REFUND POLICY – Digital Courses & Digital Downloads:

Here at New Day Yogi we have no refund policy.
Due to the nature of Digital Products (digital courses & downloads) we do not offer refunds.
Please read through all sales pages/product descriptions before purchasing. 
If you have any questions about a product, please reach out to me and I’m happy to help you any way I can. 
Some questions to ask before you purchase: 
Q: How does making this purchase feel? (Expansive or Constricting?)
Q: Am I ready to explore (the topic)? 
Q: Can I commit to this now? 
I care about everyone here and respect your time & resources. 
If you do decide to join, I can’t wait to dive into Kundalini yoga with you.

DISCLAIMER & WAIVER:

The ideas, yogic postures, procedures and suggestions in this online class/online course/membership/this website (newdayyogi.com), are not intended as a substitute for professional medical advice from a trained health professional. Before you begin any exercise/class/posture/krya/breathwork, and before adopting any of the suggestions mentioned always, consult your health care provider before commencing, as well as about any condition that may require diagnosis or medical attention. 

The benefits attributed from kundalini yoga and meditation are from centuries old yogic traditions. Results will vary with individuals. Heather Elizabeth aka New Day Yogi will not be held liable or responsible for any loss, injury or damage allegedly arising from any information or suggestion in this online class/online course/membership/this website (newdayyogi.com). 

By continuing to use this online class/online course/membership/my website (newdayyogi.com) you agree to these terms as mentioned in this disclaimer.

(a) You assume all responsibility and risk for your use of the services (classes/courses/videos wether live or recorded). The services, including any products, are provided “as is” without representations or warranties of any kind, either express or implied, including warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.

(b) While we make good faith efforts to include substantially accurate information in the services, errors or omissions may occur. if we receive notice of errors or omissions, we will make reasonable efforts to correct them in due course; but we make no representations or warranties regarding the accuracy, completeness, performance, currency, or fitness for a particular purpose of the services, that the services will meet your requirements, or as to the results that will be derived from using any of the information included in the services.

( c ) In no event shall new day yogi/heather burke or its affiliates be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of, delay in using, or inability to use the services. To the extent permitted by law, New Day Yogi/Heather Burke will not be liable for any indirect or consequential loss or damage whatever (including without limitation: loss of business, opportunity, data, profits, property,) arising out of or in connection with the use of the Website.

(d) You assume all responsibilities and obligations with respect to any decisions, advice, conclusions, recommendations or suggestions made or given as a result of the use of the services, including without limitation any decision made or action taken by you in reliance upon the services. the services shall not constitute or be construed as a recommendation, solicitation, offer or opinion by new day yogi/heather burke or our affiliates, principals or content providers, for any financial transaction or the purchase of any financial instrument, including but not limited to securities, or any kind of investment. past performance is no guarantee of future results.

TERMS of Sale of ONLINE Kundalini YOGA & Meditation INSTRUCTION

BACKGROUND: 

1. These Terms of Sale together with the attachment below and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which Paid Content, accessed via Subscriptions/Online Courses/pdf’s/Ebooks, is sold by Me to Consumers through this website or via this website, NewDayYogi.com (“My Site”). 
2. Terms and information that are specific to accessing Kundalini yoga and meditation instruction from or via My Site using the Zoom/Butter, cloud-based web conferencing platform, or from Pre-recorded videos/audios, are set out in the attachment below only for ease of reference but they will have the same effect as if set out in these Terms of Sale.
3. Please read these Terms of Sale and the attachment below carefully and ensure that You understand them before purchasing a Course/Subscription/PDF/Ebook. If You have any query about anything in these Terms of Sale or the attachment, please contact Me to discuss. When setting up an Account before purchasing any Subscription or Online Course, You will be required to read, accept, and agree to comply with and be bound by these Terms of Sale and the attachment. If You do not, You will not be able to purchase a Subscription/Course/PDF/Ebook and access Paid Content through My Site.  
4. All of the information that I give to You will be part of the terms of My Contract with You as a Consumer whether it is information that I:

1. am required by law to give to You before You order a Subscription/Online Course/PDF/Ebook; or 
2. voluntarily give to You and You rely on it either when deciding to order a Subscription/online course/PDF/Ebook or when, subsequently, You make any decision about the Subscription/online course/PDF/Ebook.

I give You some of that information before You order a Subscription/Course/PDF/Ebook and some it is set out in these Terms of Sale and the attachment below.

5. These Terms of Sale, as well as any and all Contracts, are in the English language only.
6. These Terms of Sale apply only to the sale of Paid Content; the terms governing use of My Site are separate and are set out on My Site under the heading “Website Terms of Use”.

1. Definitions and Interpretation 
   1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

2. Information About ME
   1. My Site, WWW.NewDayYogi.com, is owned and operated by Heather Burke, whose registered address is 2 Mendip Green, Midsomer Norton, Somerset, BA3 4WS and whose main trading address is 2 Mendip Green, Midsomer Norton, Somerset, BA3 4WS. 
   2. Trained and qualified Kundalini yoga and meditation teacher by Kundalini University found at, www.Kundaliniuniversity.com,
3. Contacting ME
   1. If You wish to contact me with general questions, You may contact me by email at hello@newdayyogi.com, or by post at 2 Mendip Green, Midsomer Norton, Somerset, BA3 4WS.
   2. For matters relating to Paid Content or Your Subscription/course/pdf/ebook or Account, please contact me, by email at hello@newdayyogi.com or by post at 2 Mendip Green, Midsomer Norton, Somerset, BA3 4WS.
   3. For matters relating to cancellations, please contact me, by email at hello@newdayyogi.com, by post at 2 Mendip Green, Midsomer Norton, Somerset, BA3 4WS, or refer to the relevant Clauses above.
   4. To make a complaint, see Clause 15.
4. Consumers only and Age Restriction

Only a Consumer may purchase a Subscription/Course/PDF/Ebook and access Paid Content on or through My Site. Only if that person is aged at least 18 years of age may they do so.

5. Business Customers

These Terms of Sale and the attachment below do not apply to customers purchasing Subscriptions/Course/PDF/Ebook and accessing Paid Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation.

6. Subscriptions, Paid Content, Pricing and Availability
   1. I make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Me correspond to the actual Subscription and Paid Content that You will receive.
   2. Please note that sub-Clause 6.1 does not exclude My responsibility for mistakes due to negligence on My part and refers only to minor discrepancies between the Paid Content and the descriptions of it. Please refer to Clause 11 if Your Subscription or the Paid Content is incorrect.
   3. I may from time to time change My prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription. I will inform You of any change in price at least 30 days before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in sub-Clause 13.1.
   4. Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.
   5. In some cases, as described in the relevant content descriptions, I may also make more significant changes to the Paid Content. If I do so, I will inform You at least 30 Days before the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract as described in sub-Clause 13.1.
   6. Where any updates are made to Paid Content, that Paid Content will continue to match My description of it as provided to You before You purchased Your Subscription/Course/PDF/Ebook to access the Paid Content. Please note that this does not prevent Me from enhancing the Paid Content, thereby going beyond the original description.
   7. I make all reasonable efforts to ensure that all prices shown on My Site are correct at the time of going online. Changes in price will not affect any order for a Subscription that You have already placed (please note sub-Clause 6.11 regarding VAT, however).
   8. All prices are checked by Me before I accept Your order. In the unlikely event that I have shown incorrect pricing information, I will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, I will simply charge You the lower amount and continue processing Your order. If the correct price is higher, I will give You the option to purchase the Subscription at the correct price or to cancel Your order (or the affected part of it). I will not proceed with processing Your order in this case until You respond. If I do not receive a response from You within 14 Days, I will treat Your order as cancelled and notify You of this in writing.
   9. If I discover an error in the price or description of Your Subscription after Your order is processed, I will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If I inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 13.4.
   10. If the price of a Subscription/Course/PDF/Ebook that You have ordered changes between Your order being placed and Me processing that order and taking payment, You will be charged the price shown on My Site at the time of placing Your order.

7. Orders – How Contracts Are Formed
   1. My Site will guide You through the process of setting up an Account and purchasing a Subscription/Online Course. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Subscription/Online course, You will be given the opportunity to review Your order for the Subscription/Online course, and amend it. Please ensure that You have checked Your order carefully before submitting it.
   2. If, during the order process, You provide Me with incorrect or incomplete information, please contact Me as soon as possible. If I are unable to process Your order due to incorrect or incomplete information, I will contact You to ask to correct it. If You do not give Me the accurate or complete information within a reasonable time of My request, I will cancel Your order and treat the Contract as being at an end. I will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.
   3. No part of My Site constitutes a contractual offer capable of acceptance.  Your order to purchase a Subscription/Course/PDF/Ebook, constitutes a contractual offer that I may, at My sole discretion, accept. My acknowledgement of receipt of Your order does not mean that I have accepted it. My acceptance is indicated by Me sending You a Confirmation by email. Only once I have sent You a Confirmation email, will there be a legally binding Contract between  Me and You.
   4. Subscription/Online course/PDF/Ebook Confirmations shall contain the following information:
      1. 1. Your Subscription ID (applicable only to monthly subscriptions);
         2. Confirmation of the Subscription/Online Course/pdf/ebook ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
         3. Fully itemised pricing for Your Subscription/Online Course/PDF/EBOOK including, where appropriate, taxes, and other additional charges;
         4. The duration of Your Subscription/Online course/PDF/Ebook (including the start date, and the expiry and/or renewal date if applicable);
         5. Confirmation of Your acknowledgement that the Paid Content will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 12.1;
         6. In relation to any video (live or recorded) event, item, series, collection or type/s of events or items or Background Items constituting the Paid Content, the time/date when or period during which it can be accessed; 
   5. In the unlikely event that I do not accept or cannot fulfil Your order for any reason, I will explain why in writing. No payment will be taken under normal circumstances. If I have taken payment any such sums will be refunded to You as soon as possible and in any event within 30 Days.
   6. Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
   7. Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Subscription/Online course/PDF/Ebook.

7. 0. 8. Payment for each Subscription/Online course/pdf/ebook, must always be made in advance in full. Your chosen payment method will be charged when I process Your order and send You an email Confirmation (this usually occurs immediately and You will be shown a message confirming Your payment).
      9. I accept the following methods of payment on My Site:
         1. 1. <<insert payment method>>;
            2. <<insert payment method>>;
            3. <<insert payment method>>;
            4. <<add further payment methods as required>>.
      10. If You do not make any payment due to Me on time, I will suspend Your access to the Paid Content. For more information, please refer to sub-Clause 9.6. If You do not make payment within 14 Days of My reminder, I may cancel the Contract. Any outstanding sums due to Me will remain due and payable.
      11. If You believe that I have charged You an incorrect amount, please contact Me at: hello@newdayyogi.com, as soon as reasonably possible to let Me know. You will not be charged for Paid Content while availability is suspended.  

8. Provision of Paid Content
   1. I undertake to make available to You on these Terms of Sale the Paid Content for which You purchase/subscribe, but if You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Me You are unable to do so, You will not be entitled to any refund. 
   2. All Paid Content within the scope of Your Purchase/Subscription will be available to You in accordance with sub-Clause 7.4.6 from when I send You an email Confirmation for the duration of Your Subscription or to confirm your purchase of a online course/PDF/Ebook, including any renewals, or until You end the Contract, on and subject to the following: 

9.2.1 An item of Paid Content requested will be available when stated in the information that I provide about it before You place Your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non live streamed item or Background Item, the period within which it is or will be available for access. 

9.2.2 If an item of Paid Content is a livestream item, I will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item (such being made available to You and/or to others by Me) or by other circumstances. Any such delay will not normally exceed 15 Minutes, but if the start is delayed by more than that period then I will ……….. to compensate You for any inconvenience or loss that You suffer as a result.

9.3 When You place an order for a Subscription/Online course/PDF/Ebook, You will be required to expressly acknowledge that You wish Paid Content to be made available to You immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) any Paid Content, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”). Due to the nature of online courses/PDF’s/Ebook’s, refunds cannot be made. Please see sub-Clause 12.1 for more information.

9.4 In some limited circumstances, I may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

9.4.1 To fix technical problems or to make necessary minor technical changes;

9.4.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;

9.4.3 To make more significant changes to the Paid Content, as described above in sub-Clause 6.5.

9.5 If I need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 9.4, I will inform You in advance of the suspension and explain why it is necessary (unless I need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case I will inform You as soon as reasonably possible after suspension). You will not be charged while availability is suspended and Your Subscription will be extended by a period equivalent to the length of the suspension unless the period of suspension is less than 24 Hours.  If the suspension lasts (or I tell You that it is going to last) for more than 7 Days, You may end the Contract as described below in sub-Clause 13.2.

9.6 I may suspend provision of the Paid Content as follows if I do not receive payment on time from You. I will inform You of the non-payment on the due date, however if You do not make payment within 14 Days of My notice, I may suspend provision of the Paid Content until I have received all outstanding sums due from You. If I do suspend provision of the Paid Content, I will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.

9.7 Any refunds under this Clause 9 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

9.8 Refunds under this Clause 9 will be made using the same payment method that You used when purchasing Your Subscription.

9. Licence
   1. When You purchase a Subscription/Online course/PDF/Ebook, to access Paid Content, I will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access, participate in and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to You does not give You any rights in Our Paid Content (including any material that I may licence from third parties).
   2. The licence granted to You under sub-Clause 10.1 is subject to the following usage restrictions and/or permissions:
      1. 1. You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (subscription/online course/PDF/Ebook), (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); and

10.2.2 When You use a two way livestream facility to access a Paid Content item or event You must not communicate or make accessible to any other person (who also accesses or participates in it as one of Our customers) anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of it; 

10. Problems with the Paid Content
    1. I undertake to provide Paid Content that is of satisfactory quality, fit for purpose, and as described, and to use reasonable care and skill. If any Paid Content available through Your Subscription/Online course/PDF/Ebook, does not comply or I do not so act, please contact Me as soon as reasonably possible to inform Me of the problem. Your available remedies will be as follows:
       1. 1. If the Paid Content has faults, You will be entitled to a repair or a replacement.
          2. If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund.
    2. Please note that We will not be liable under this Clause 11 if I have informed You of the fault(s) or other problems with particular Paid Content before You accessed it and it is that same issue that has now caused the problem. If You have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Me and the problem has resulted from Your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
    3. If there is a problem with any Paid Content, please contact Me at hello@newdayyogi.com or visit the contact page on My Site www.newdayyogi.com  to inform, Me/Heather Burke, of the problem.
    4. Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which I agree that You are entitled to the refund.
    5. Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Subscription.
    6. For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.
11. Cancelling Your Subscription (Monthly Membership)
    1. If You are a Consumer, by default You have a legal right to a “cooling-off” period within which You can cancel the Subscription for any reason, including if You have changed Your mind, and receive a refund. The period begins once I have sent You Your Subscription Confirmation email (i.e. when the Contract between You and I is formed) and ends when You access (e.g. download or stream) any Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first. 
    2. After the cooling-off period, You may cancel Your Subscription at any time. However, subject to sub-Clause 12.3 and Clause 13, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
    3. If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Me as soon as possible and do not attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription I will be able to cancel the Subscription and issue a full refund.  If You have accessed any Paid Content once the Subscription has started, I will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
    4. If You wish to exercise Your right to cancel your subscription under this Clause 12, You may inform Me of Your cancellation by email and is effective from the date on which You send Me Your message. Please use the following details:
       1. 1. Email: hello@newdayyogi.com;

in each case, providing me with Your name, email address, and Subscription ID.

11. 1. I may ask You why You have chosen to cancel and may use any answers You provide to improve my content and services, however please note that You are under no obligation to provide any details if You do not wish to.
    2. Refunds under this Clause 12 will be issued to You as soon as possible, and in any event, within 14 calendar days of the day on which You inform Me that You wish to cancel.
    3. Refunds under this Clause 12 will be made using the same payment method that You used when purchasing Your Subscription.
12. Your Other Rights to End the Contract
    1. You may end the Contract at any time if I have informed You of a forthcoming change to Your Subscription or the Paid Content (as described in sub-Clauses 6.3 or 6.5), or to these Terms of Sale that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Subscription, We will issue You with a partial refund. If the change will not take effect or apply to You until the expiry of Your current Subscription, the Contract will end at the end of that Subscription period and You will continue to have access to the Paid Content until that date.
    2. If I have suspended availability of the Paid Content for more than 24 Hours, or I have informed You that I am going to suspend availability for more than 7 days, You may end the Contract immediately, as described in sub-Clause 9.5. If You end the Contract for this reason, I will issue You with a partial refund.
    3. If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of My control, You may end the Contract immediately. If You end the Contract for this reason, I will issue You with a 1  month refund.
    4. If I inform You of an error in the price or description of Your Subscription or the Paid Content and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, I will issue You with a 1 month refund.
    5. You also have a legal right to end the Contract at any time if I am in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
    6. Refunds under this Clause 13 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription.
    7. If You wish to exercise Your right to cancel under this Clause 13, You may do so by emailing, hello@newdayyogi.com. Please use the following details:
       1. 1. Email: hello@newdayyogi.com;

in each case, providing Me with Your name, email address, and Subscription ID.

12. 0. 8. I may ask You why You have chosen to cancel and may use any answers You provide to improve My content and services, however please note that You are under no obligation to provide any details if You do not wish to.

13. My Liability to Consumers
    1. I will be responsible for any foreseeable loss or damage that You may suffer as a result of My breach of these Terms of Sale (or the Contract) or as a result of My negligence. Loss or damage is foreseeable if it is an obvious consequence of My breach or negligence or if it is contemplated by You and I when the Contract is created. I will not be responsible for any loss or damage that is not foreseeable.
    2. My Paid Content is intended for non-commercial use only. I make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. I will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    3. You assume all responsibility and risk for your use of the services (classes/courses/videos wether live or recorded). The services, including any products, are provided “as is” without representations or warranties of any kind, either express or implied, including warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.
    4. While we make good faith efforts to include substantially accurate information in the services, errors or omissions may occur. if we receive notice of errors or omissions, we will make reasonable efforts to correct them in due course; but we make no representations or warranties regarding the accuracy, completeness, performance, currency, or fitness for a particular purpose of the services, that the services will meet your requirements, or as to the results that will be derived from using any of the information included in the services.
    5. In no event shall new day yogi/heather burke or its affiliates be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of, delay in using, or inability to use the services. To the extent permitted by law, New Day Yogi/Heather Burke will not be liable for any indirect or consequential loss or damage whatever (including without limitation: loss of business, opportunity, data, profits, property,) arising out of or in connection with the use of the Website.
    6. You assume all responsibilities and obligations with respect to any decisions, advice, conclusions, recommendations or suggestions made or given as a result of the use of the services, including without limitation any decision made or action taken by you in reliance upon the services. the services shall not constitute or be construed as a recommendation, solicitation, offer or opinion by new day yogi/heather burke or our affiliates, principals or content providers, for any financial transaction or the purchase of any financial instrument, including but not limited to securities, or any kind of investment. past performance is no guarantee of future results.
    7. You assume all responsibility and risk for your use of the services. there is no guarantee that you will achieve any particular results using the techniques and ideas provided in connection with the services. all information provided in connection with the services is intended for educational purposes only, for a general audience, and not as specific advice tailored for an individual or business. none of the information provided in connection with the services shall be construed to constitute medical, psychological, legal or other professional advice; we urge you to consult with an appropriate licensed professional if you seek any such advice.

15. Complaints and Feedback
    1. I always welcome feedback from Our customers and, whilst I always use all reasonable endeavours to ensure that Your experience as a customer is a positive one, I nevertheless want to hear from You if You have any cause for complaint.
    2. If You wish to complain about any aspect of Your dealings with Me, please contact  Me in one of the following ways:

15.3.2 By email, addressed to Heather Burke at hello@newdayyogi.com;

16. How We Use Your Personal Information (Data Protection)

I will only use Your personal data as set out in My Privacy Policy available from https://newdayyogi.com/privacy-policy/  and Cookie Policy at:  https://newdayyogi.com/cookie-policy/

17. Other Important Terms

17.1 I may transfer (assign) My obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if I sell My business). If this occurs, You will be informed by Me in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and My obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

17.2 You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract) without My express written permission. 

17.3 The Contract is between You and I. No other person shall have any rights to enforce any of its terms.

17.4 If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.

17.5 If I fail to take steps or delay in taking steps to enforce any of My rights against You under these Terms of Sale, that will not prevent me doing so at a later date, for example my right to require You to make any payment which has become payable under the Contract.

17.6 I may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If I change these Terms of Sale as they relate to Your Subscription, I will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 13.1 above).

18. Law and Jurisdiction
    1. These Terms and Conditions, and the relationship between You and I (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales Northern Ireland Scotland.
    2. As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
    3. As a Consumer, any dispute, controversy, proceedings or claim between You and I relating to these Terms and Conditions, or the relationship between You and I (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency. 

Attachment

18. 2. Use of the Zoom web-conferencing platform OR another web-conferencing platform, eg: Butter,  to access Kundalini yoga & Meditation online instruction 

I offer Kundalini yoga and meditation instruction only online (referred to below as “Instruction”). 

I use technology which allows Me to provide You with Instruction provided that You have the appropriate technology (see below) to receive that Instruction. For this purpose, I use the Zoom/Butter cloud-based web conferencing platform OR arketa.com. 

Where I am to make any of the Instruction available by means of Zoom/Butter OR   arketa.com rather than any other platform, it will be on the following basis.

18. 3. The technology that I will be responsible for providing

I will subscribe to Zoom/Butter and will pay any necessary fees to Zoom/Butter to maintain that subscription. It will enable Me to act as “host” and to provide the Instruction to You over the internet via the Zoom/Butter facility. 

To receive or participate in any Kundalini yoga and meditation instruction via Zoom/Butter, You will need to join a session which is within the scope of Your Subscription. You will not need to pay any fee or charge for use of the Zoom/Butter facility or to join that session: You will only need to pay for the Instruction made available by Your Subscription.  

I do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any Zoom/Butter App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use Zoom/Butter. 

18. 4. The technology and other items that You will be responsible for providing

It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in Instruction via Zoom/Butter.

You will need have access to and use the following non-exhaustive list of facilities for this purpose:

1. An appropriate functioning Device which is adequately charged;
2. An up to date Zoom/Butter App where applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive Instruction;
3. Stable, reliable, internet access with adequate speed;
4. A safe and suitable environment in which to watch, listen, speak where appropriate, and to carry out exercise;
5. Suitable exercise clothing; and
6. A yoga mat/blanket,cushion,water and, as advised by Me before class/event begins, any other exercise equipment that You will need.

I do not make supply or make available the Zoom/Butter platform that You use to access any Paid Content. I am not a party to Your download and use of that platform, and I will have no responsibility or liability to you in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of Zoom/Butter as the third party provider of the platform to You imposes on such download and use.

Paid Content consisting of Background Items is not provided via the Zoom/Butter platform but is instead downloadable/accessed directly from My Site.

6. 5. Scope of what I provide

I do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. I do not, and cannot, give You any advice about what technology is needed or how to use it. 

I do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving Instruction. However, I may, if You request it, either before or during any session of Instruction, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice. I do not therefore take on any responsibility or accept any liability if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to any technology or other thing. 

I will not be responsible or liable if You are unable to access any Instruction due to any failure or delay in performing My obligations under the Contract/subscription resulting from any cause beyond My reasonable control. In any such case, You will remain liable to pay for Instruction that I have made available to You. Such causes beyond My reasonable control may include (but are not limited to): 

1. Where You are unable to resolve any technology problem (whether or not You have asked Me for or I have offered any suggestions as to how to resolve the problem); or 
2. Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or
3. Failure of or defect in the Zoom/Butter platform used by Me or You to make Instruction available to You; or
4. Your inability to access Instruction due to failure of or defects in My Site etc. 

4. 6. Account setup needed

In order to purchase any Subscription and receive any Instruction, You will first need to setup and then maintain an Account with me. My Site or website via My Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.

You may not create an Account if You are under 18 years of age.

During the process of setting up an Account, You will be required to choose a password and user name. I recommend that You choose a strong password for Your Account. 

You will/may be asked for additional information regarding Your Account, such as Your e-mail address.

4. 7. Your responsibility for Your Account and its security

You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Me immediately. I will not be liable for any unauthorised use of Your Account.

You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session of Your access of Instruction. You must immediatelyMe of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.

You must never use anyone else’s Account without prior authorization from me for the specific occasion in question.

When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.

If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription. 

If You wish to close and delete Your Account, You may do so via the ‘delete account’ section of My Site or the platform via My Site.

4. 8. Your privacy and security on each occasion when You access Instruction

Where any Instruction that You access is two way synchronous live stream audio and/or video technology (not a pre-recorded one way transmission), on the occasion You access it, it will also be made accessible to all others who have purchased it and choose to access it unless I have specified that it is to be made available on that occasion only to You as an individual private session. 

Therefore, unless I specify that a particular two way session is only accessible to You, the following will apply to such a session: 

1. When You sign in to Zoom/Butter, You should indicate Your first name only since Your name will be visible to Our other customers taking part; 
2. You understand and are aware that there is a risk that other customers and other people may see and hear (via the video and/or audio facilities of the Zoom/Butter App and Your Device) not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the session; 
3. The space You use should be free of others and it should be difficult to see or hear via the Zoom/Butter App and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones;
4. There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
5. We cannot ensure privacy or confidentiality due to the nature of two way sessions involving customers in addition to You; and
6. In any event, it will be Your responsibility to ensure that You have a suitable space to use when You participate in any two way session in order to protect Your privacy and that of others in or near that space.

We will not be liable for any loss or damage arising from Your failure to comply with the above requirements.  

6. 9. Fitness, Health and Safety

You acknowledge and agree that:

1. An exercise session/class (“event”) may be physically strenuous;
2. Certain particular or series of exercises may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition; 
3. Due to the remote nature of online events, I do not undertake to and cannot attend, assist or advise or arrange for or alert any third party to do so, if during an event You fall ill or have an accident;
4. The teacher at each event will be appropriately qualified as a Kundalini yoga and meditation teacher and will be competent to conduct the event;
5. Any advice provided by a teacher involved in an event does not constitute medical advice and is not a substitute for advice provided by a medical professional;
6. You voluntarily participate in an event with full knowledge that even if a teacher involved in the event is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise and use of any equipment used by You; 
7. When You setup an Account, and also when You purchase any Subscription/Online course, book/PDF and participate in any event, that will be Your confirmation that You have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect Your participation in that or any other event comprised in any Subscription/Online course/PDF/EBOOK that You have purchased or subsequently purchase.
8. You assume all responsibility for your fitness and health levels. 

You must therefore ensure that You are fit and well enough to participate in any event that You purchase, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.

If You have any concerns about Your fitness or health, You should seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser before purchasing or participating in any event. 

8. 10. Attribution

These Terms of Sale have been created using a document template from www.simply-docs.co.uk.