Your use of the Y2M Website, Y2M App and the Services (including any Class booked over the telephone or by email) is subject to these terms and conditions of service together with any additional terms and policies referred to in them (the “Y2M Terms”).
The Y2M Terms constitute a legally binding agreement between you and Yogi2Me Ltd (“Y2M”, “we”, “us” or “our”) that comes into effect if you decide to access the Y2M Website, the Y2M App and/or the Services.
Y2M is a private limited company registered in England and Wales under company number 9631819 whose registered office is located at Office Gold, Building 3, Chiswick Park, 566 Chiswick High Road, London, W4 5YA. Y2M’s main trading address is Studio F7, 80 Silverthorne Road, London, SW8 3HE and our VAT registration number is GB 243 874 486.
USE OF THE Y2M WEBSITE AND Y2M APP
The Y2M Terms govern your use of our website (“Y2M Website”) and also our mobile app (“Y2M App”) and the Services.
By entering, connecting to, accessing or using the Y2M Website, Y2M App or the Services in any manner, you agree to abide by the Y2M Terms.
For the avoidance of doubt, the Y2M Terms are applicable to all users which use the Services, in any manner, including corporate clients of Y2M that decide to engage Y2M for the Services in order to benefit their employees, users, residents or guests. As a result, any corporate client must use its best endeavours to bring the Y2M Terms to the attention of any individual that uses the Services.
Please read the Y2M Terms carefully. If you do not agree to the Y2M Terms, please do not enter, connect to, access or use the Y2M Website, Y2M App or the Services in any manner.
You confirm that you are of legal age to access and use the Y2M Website, Y2M App or the Services and are of legal capacity to agree to the Y2M Terms. You are not eligible to use the Y2M Website, Y2M App or the Services if you are under the age of 18.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 require Y2M to give you certain key information for there to be a legally binding contract between you and us. This information is set out below and is also linked in the email which we will send to you to confirm any booking you make through us with an Independent Therapist or to confirm any purchase of a Service.
Y2M provides a platform and booking service for a range of yoga and wellness services through its mobile app (the “Y2M App”), its website (the “Y2M Website”), over the telephone and/or by email (collectively, the “Services”).
The Services allows you to book a range of yoga and wellness classes (“Class” or “Classes”) that are performed in each and every case by independent self-employed professional yoga teacher or wellness practitioners (collectively an “Independent Contractor”).
You can book packs of Classes in multiples of 5 Classes (“5 Class Packs”) or 10 Classes (“10 Class Packs”) through the Y2M Website, Y2M App in addition to by telephone and email. Please note that 5 Class Packs are valid for eight (8) weeks and 10 Class Packs are valid for ten (10) weeks from the date of purchase. You can contact Y2M if you require an extension of time in order to use your 5 Class Pack or 10 Class Pack but an administration fee of f £40 is payable to Y2M.
Y2M has no responsibility to you for any Classes which you book or purchase through us, including but not limited to, the Y2M Website and Y2M App. Y2M is simply involved with the booking/purchasing process, as well as providing ancillary services (including a telephone booking service) as explained below.
The Services that Y2M offer allow you to search through the Y2M Website and/or Y2M App and book/purchase Classes from a number of Independent Contractors. In enabling you to purchase Classes through the Y2M Website, Y2M App in addition to by telephone and email, Y2M is acting as an intermediary for those Independent Contractors. As part of the Services, Y2M also provide some ancillary services such as providing a telephone booking system and assisting with customer service issues (again in our capacity as intermediary for the Independent Contractors).
WAIVER OF LIABILITY
The contract for the purchase of a Class and/or Classes is between you and the Independent Contractor. This means that it is the Independent Contractor (not Y2M) who is legally responsible for providing the Class/Classes to you. Separately, Y2M remains responsible in respect of its obligations to you in accordance with the Y2M Terms which shall be legally binding.
To ensure your safety and wellbeing, Y2M requires each Independent Contractor to ask for a waiver of liability (the “Waiver”) to be signed before the commencement of the Class. By signing the Waiver, you agree that the Waiver entered into, is solely between you and the Independent Contractor. Y2M is not a party to this Waiver and is in no way liable for any injury or loss that you suffer during a Class.
BOOKING PROCESS AND PAYMENT
You can make a Class booking through Y2M Website or Y2M App by logging into the platform, choosing a designated location for the Class, selecting the type of Class (including the duration and number of attendees) and then selecting by an Independent Contractor or preferred time.
You may only make a booking up to four weeks in advance.
By making a Class booking through the Y2M Website, Y2M App in addition to by telephone and email, you agree to provide complete, correct and true information including without limitation billing information and payment details.
Your payment details will be requested at the time of booking a Class and payment for a Class (“Class Fee”) will be collected when you make a booking.
Full payment of the Class Fee is due at the time of booking the Class with the Independent Contractor through the Y2M Website or Y2M App in addition to by telephone and email. Full details of the prices are available here.
The Class Fee belongs to the Independent Contractor who provides the Class. Y2M, as agent of the Independent Contractor, collects or arranges for a third party to collect on our behalf, the Class Fee from you.
Our receipt of the full Class Fee will discharge your debt to the relevant Independent Contractor in respect of that Class booking. Y2M is appointed by the Independent Contractor to conclude bookings on their behalf as their commercial agent.
Y2M SERVICE FEE
For each Class booking made through the Y2M Website or Y2M App, or by telephone or email, Y2M charge the Independent Contractor an agreed fee (plus any VAT payable thereon) in connection with introducing you to the Independent Contractor (“Y2M Service Fee”). Y2M have an agreement with each Independent Contractor under which Y2M is entitled to deduct the Y2M Service Fee from the Class Fee.
Y2M’s appointed payment provider, Stripe, uses modern encryption security technology to protect your payment details and itself stores your other data on servers that deploy modern security measures. However, in the absence of negligence on the part of Y2M, we will not be legally responsible to you for any loss (whether direct, indirect or consequential) that you may suffer if a third party gains unauthorised access to any information that you may give us at any time.
All payments by credit card or debit card need to be authorised by the relevant card issuer. Y2M may also need to use extra security steps via Verified by Visa.
Once your booking is accepted by us on behalf of the Independent Contractor, you will receive a booking confirmation of your Class by email from us.
By making a booking, you are responsible for:
- Full payment of any Class Fee is made through the Y2M Website, Y2M App or over the telephone by calling 02039584017;
- Ensuring the Independent Contractor has access to your designated location which must, in all cases, represent a suitable space in which the Class can be performed, with all appropriate facilities (including adequate lighting and heating); and
- Ensuring the health and safety of the Independent Contractor whilst at your designated location.
It is your responsibility to provide complete and accurate information at the time of booking or purchasing any Class in addition to the responsibilities noted above.
Failure to provide complete and accurate information may result in a rejection of your booking request for a Class, cancellation of your booking of a Class or an inability of the booked Independent Contractor to provide the Class as requested. Such failure may also result in loss or incorrect delivery of your booking confirmation.
CANCELLATION, REFUND AND RESCHEDULING POLICY
You acknowledge that you do not have any statutory right to cancel a booking made for a Class. However, you have a contractual entitlement to cancel any booking you have made with an Independent Contractor through us in the following circumstances and on the described terms in accordance with this clause.
If you change your mind about your Class booking prior to the appointment time, then you may cancel your Class booking but a cancellation fee may be charged as described below. Any cancellations of your Class bookings should be made via the Y2M Website or Y2M App and if this is not possible, please email the Y2M customer or contact them on 02039584017.
- CANCELLATION FEES
No cancellation fee is payable if you cancel your Class booking via the Y2M Website, Y2M App or via the Y2M customer service telephone number on [●]:
- at least forty-eight (48) hours prior to the Class appointment time; or
- if the Class appointment time falls between forty-eight (48) and two (2) hours of the time of booking, within five (5) minutes of you having confirmed that you want to make a Class booking (“Grace Period”).
If your cancellation of a Class booking is within forty-eight (48) to twenty-four (24) hours of the Class appointment time but is outside of the Grace Period then Y2M will be entitled to retain (or charge, as the case may be) eighty per cent (80%) of the applicable Class Fee (“Late Cancellation”).
If your cancellation of a Class booking is:
- after the Grace Period has elapsed; or
- within two (2) hours of the Class appointment time,
then Y2M will be entitled to retain (or charge, as the case may be) one hundred per cent (100%) of the applicable Class Fee (“Very Late Cancellation”).
You will also be charge a one hundred per cent (100%) cancellation fee if you attempt to cancel a booking on or after the Class appointment time or fail to attend a Class booking at the agreed time and designated location set out in the booking confirmation email sent to you by Y2M.
A cancellation fee is charged in order to compensate the Independent Contractor because it is not reasonable to expect the Independent Contractor to be able to provide a Class at another booking where you cancel with short or no notice.
Cancellation fees may in Y2M’s absolute sole discretion be waived in exceptional circumstances for genuine reasons which were outside of your control. Where cancellation fees are waived by us, we act as intermediary for the Independent Contractor who is the principal in supplying the Class.
If you cancel any Class and you are due a refund, any refund due to you will be processed as soon as possible and, in any case, within 10 business days after the date of cancellation. You will be refunded the price paid in full (subject to any cancellation fees (as described above). Refunds are made using the same method originally used by you to pay for your Class, unless agreed otherwise.
You can reschedule your Class booking via the Y2M Website, Y2M App or via the Y2M customer service telephone number on 02039584017:
- at least forty-eight (48) hours prior to the Class appointment time; or
- if the Class appointment time falls within forty-eight (48) and two (2) hours of the time of booking, within five (5) minutes of you having confirmed that you want to make a Class booking (“Grace Period”).
If you wish to reschedule your Class booking within forty-eight (48) to twenty-four (24) hours of the Class appointment time then Y2M will charge an administration fee of 15%
If you wish to reschedule your Class booking within twenty-four (24) to two (2) hours of the Class appointment time then Y2M will charge an administration fee of 30%
If you wish to reschedule your Class booking:
- after the Grace Period has elapsed; or
- within two (2) hours of the Class appointment time,
then it will be deemed a Very Late Cancellation and Y2M will be entitled to retain (or charge, as the case may be) one hundred per cent (100%) of the applicable Class Fee.
EXTENSIONS AND DELAYS
If you wish to extend the duration of a Class, Y2M and the Independent Contractor selected to provide the Class will endeavour to fulfil your request, subject to availability, on the condition that such requests are received by Y2M as soon as reasonably possible. If an extension of a Class is possible, it will require you to make payment for the additional duration through the Y2M Website, Y2M App or by telephone.
If you are delayed or late to meet with the Independent Contractor at the Class appointment time in the designated location by 10 minutes or longer, the Independent Contractor is not obliged or required to extend the Class.
If you are delayed or late to meet with the Independent Contractor at the Class appointment time in the designated location by less than 10 minutes, the Independent Contractor shall use reasonable endeavours, subject to their obligations, to extend the Class and provide you with the full duration that you booked. However, the Independent Contractor is not obligated to extend any Class and such extensions are at the Independent Contractor’s sole discretion.
Y2M IS ONLY AN INTRODUCER
The Services enable those seeking to book Classes with Independent Contractors to book Classes with Independent Contractors seeking to provide such Classes.
Whilst Y2M interviews and assesses each Independent Contractor who wishes to provide Classes, we do not guarantee or warrant, and make no representations regarding the reliability, quality or suitability of each Independent Contractor. This is entirely a matter for you. Accordingly, you acknowledge and agree that Y2M does not have any obligation to conduct any background checks on any Independent Contractors and Y2M has no obligation in respect of any service they may provide.
When interacting with any Independent Contractor, you should exercise caution and common sense to protect your personal safety, details and property, just as you would when interacting with other persons who are unknown to you.
PROMOTIONAL CODES AND REFERRALS
Y2M may from time to time create and offer promotional codes (“Promotional Codes”) and referral codes (“Referral Codes”) (together “Y2M Codes”) that can be redeemed against purchases of Classes.
Y2M Codes will only be valid for a period of time stated on or with them. Y2M Codes do not have any cash value.
Y2M Codes may:
- not be exchanged for cash;
- only be used once;
- only be used for personal and non-commercial purposes. Y2M Codes may not be duplicated, sold or made available to others online (including through public sites such as coupon sites) or by other means;
- not be promoted in any way including via a search engine;
- be subject to specific terms which will be made available by us and must only be used in accordance with those terms.
Referral Codes are for the purposes of referring your friends and family to the Services, and which may reduce the Class Fee. Referral Codes will be limited to [●] referrals per user. If you wish to continue using the Referral Code for more than permitted please email firstname.lastname@example.org and we may (but are not obliged to) extend the use of the relevant Referral Code.
Y2M Codes cannot be used in conjunction with any other offers or discounts.
The Services are for your personal and non-commercial use and must only be used for the purposes of inquiring about or making bookings for Classes, as expressly described above. You must not use the Y2M Website, Y2M App or the Services to do any of the following (each of which is strictly prohibited):
- Engage with Yogi2Me teachers outside of the Y2M Platform, It is prohibited to book a Y2M teacher outside of the app or its customer service(concierge)
- engage in any inappropriate behaviour including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other inappropriate behaviour;
- restrict or inhibit any other user from using and enjoying the Services;
- infringe the privacy rights, property rights, or other civil rights of any person;
- harass, abuse, threaten or otherwise infringe or violate the rights of Independent Contractor, Y2M (including its employees and personnel) or others;
- harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;
- use technology or other means to access our computer network, unauthorised content or non-public spaces;
- introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit the Services, Y2M Website or Y2M App’s functionality, or damage, disable or otherwise impair our servers or networks or attempt to do the same; or
- engage in or encourage others to engage in criminal or unlawful conduct or breach Y2M Terms including misuse of the Services for unlawful or unauthorised purposes.
You agree not to breach the Y2M Terms in any way which may result in, among other things, termination or suspension of your access to the Services.
YOGI2ME, the Yogi2Me logo, brand and all other intellectual property rights, trademarks, service marks, graphics and logos used in connection with the Y2M Website, Y2M App or the Services (whether registered or unregistered) belong to Y2M or our licensors (as are applicable) and are protected by the relevant national intellectual property law. Nothing in these Y2M Terms grants you any rights in the Y2M Website, Y2M App or Services or the content within the same. All rights are reserved for Y2M.
Y2M introduces individuals seeking Classes to Independent Contractors seeking to provide such Classes. Y2M is not liable or responsible for the fulfilment of any booking or the performance of the Independent Contractor. You acknowledge and agree that Y2M is not responsible for addressing any claims you have as regards any Independent Contractor or any Class, however, we do try to assist by providing the intermediary services around resolving disputes and complaints as mentioned below.
Nothing contained on the Y2M Website, Y2M App or communicated any other way as part of the Services constitutes, or is meant to constitute, advice, opinion or guidance of any kind. Y2M is not a healthcare provider nor do we provide medical advice or medical treatment. References in the Y2M Website, Y2M App and elsewhere to “treatment” and “therapy” or any similar terms do not refer to medical treatment or medical therapy. The information presented on the Y2M Website, Y2M App and otherwise as part of the Services is not intended to diagnose health problems or to take the place of professional medical care. Should you have a medical issue you should always consult with a qualified medical professional. It is your responsibility to ensure that the Services are appropriate for you, and to bring any possible issues to the attention of the Independent Contractor before the Services begin.
NO WARRANTY OR GUARANTEE
Nothing in these Y2M Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit and nothing in these Y2M Terms will exclude or limit our liability in respect of any: death or personal injury caused by the negligence of Y2M, fraud or fraudulent misrepresentation by Y2M, or any matter which it would be illegal or unlawful for Y2M to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Y2M is not liable or responsible for any errors in or failure to provide the Services due to your error or failure to provide accurate and complete information.
Whilst Y2M makes every effort to ensure that the Services are available, we do not represent, warrant or guarantee in any way the continued availability at all times or the uninterrupted use by you of the Services. Y2M reserves the right to suspend or cease the operation of all or part of the Services from time to time at our sole discretion.
Use of the Y2M Website, Y2M App and the Services is on an “as-is” and “as available” basis. To the maximum extent permitted by law in no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, loss of data, lost revenues, loss of goodwill, loss of anticipated saving or profits, or arising out of or in any way connected with the use or performance of the Y2M Website, Y2M App or the Services, or with the delay or inability to use the Y2M Website, Y2M App or the Services, or with the provision of or failure to provide the Y2M Website, Y2M App or the Services.
You agree to defend and indemnify Y2M (including its employees and personnel) from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to the Services or otherwise from your violation of the Y2M Terms.
Y2M may contract with third party companies to provide certain services, including credit card processing, name and address verification, email distribution, market research, marketing and advertising services (including advertising on third party websites, social media networks and profiling) and promotions management.
MODIFICATION,SEVERABILITY AND TERMINATION
Y2M may modify the Y2M Terms or terminate use of the Services at any time by giving notice to you. If you do not agree to any changes, you must stop using the Services.
If any provision of the Y2M Terms are deemed or becomes invalid, the validity of the other provisions shall not be affected.
Y2M may also change, suspend, terminate or discontinue any aspect of the Services including availability of certain features at any time for any reason.
GOVERNING LAW AND JURISDICTION
The Y2M Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
You irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Y2M Terms or their subject matter or formation (including non-contractual disputes or claims).
If there is any issue that you are not able to resolve with our team you may be eligible to lodge your complaint on the EU Online Dispute Resolution platform which is available at www.ec.europa.eu/consumers/odr.
If you have any questions or complaints, Y2M can be contacted directly at email@example.com. Y2M will remain the point of contact for you for customer service questions. Y2M shall also, if requested, provide intermediary services between you and an Independent Contractor in connection with customer service or dispute resolution matters.
Please email firstname.lastname@example.org for any other enquiries