Terms and Conditions
This agreement applies to and between you, the User of this website and Nilbon Yoga (www.nilbon.co.uk, www.nilbon.com). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of this website. We like to ensure you are comfortable when using our website but If for any reason you do not agree to be bound by these Terms and Conditions, we regret, but you have to stop using the Website immediately. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using this website or ordering any service (the "Service") provided by Nilbon Yoga ("us", "we", or "our") through our trusted therapists.
In this Agreement “you” and “your” refer to our customers, prospective customers and users of our website and services, “we”, “company”, “us” and “our” refer to Nilbon Yoga or (www.nilbon.co.uk, www.nilbon.com) and “Service” refers to the services provided by us. Party”, “Parties”, or “Us”, refers to both the users/Customers and ourselves, or either the user/Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to assist our customers in the most appropriate manner, for the express purpose of meeting the customer’s needs in respect to the Company’s stated services and accordance with and subject to, prevailing laws. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to you. Any change of terms shall be binding and effective upon posting of the revised Agreement on our website. In addition to this Agreement, specific services or information contained within this website may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.
By using www.Nilbon.co.uk or www.Nilbon.com (the “Site”) or any of our services (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations.
Unauthorised access
It is unlawful to try and gain unauthorised access to this website, its servers, or any computer or database connected to this website. This is a user friendly and very accommodating website, you should, therefore, avoid attacking the Site via a denial-of-service attack or a distributed denial-of-service attack.
If you do this, we will be forced to report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, we will be forced to stop providing any further service to you.
Whilst we do all we can to ensure users are well protected and do not suffer any loss or harm, we will not be held liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it. We advise all users to adequately protect their computers by using up-to-date anti-virus.
Age restriction
This Site is offered and available to users who are 18 years of age or older. If you are under 18, you may only use this site with the expressed consent and supervision of your legal guardian or parent. By using this Site, you represent and warrant that you are of the required legal age stated on this website.
Our Services
At Nilbon Yoga, we provide Yoga Therapy classes for management of chronic pain and musculoskeletal pain by focusing on various pillars of well-being. Through our experience therapist, we provide one-to-one and group classes (usually in groups of 3 and 6). Classes take place via Zoom and are only available to people over the age of 18 and residing in the UK. Our classes are delivered by CNHC-certified yoga therapists and are designed to help with the management of lower back pain, back pain, arthritis and general chronic pain, through meditation, mindfulness, breathing exercises and mindful and gentle movement. We also provide remote services to ensure convenience and accessibility to our customers. We pride ourselves on providing good and quality service to our customers. Our therapist aims to design every session to meet the individual needs of each customer and deliver efficiency, quality and satisfactory service.
Payments
In consideration of the services provided, you will be required to make payments via your credit/debit card and through the payment gateways available on our website.
The total cost for a service/plan will depend on the service/plan you have selected. While we may offer a base rate per session, this price is not fixed and may be changed at any time and our sole discretion. Prices may vary depending on whether you have selected our 1-to-1 session or our group session.
For any special requests/requirements that are not covered under our regular services or not stated on our website, we may charge an extra fee for such service.
You may be asked to supply certain information relevant to your Purchase including, without limitation, your name, your phone number, house address, billing address, email address, card details and any such information needed by us for you to complete payments.
Refund and Cancellation Policy
Users who have signed up for our group classes may request a refund by providing us with a written notice sent to niloofar.br@nilbon.co.uk. All such notice must be sent at least 7 working days prior to the scheduled start date of the term for that group class. Any request for a refund sent within 7 days of the scheduled start date of the term shall only receive a 50% refund of all payments made. All payments are non-refundable once the term starts and the 1st session of the term takes place.
In the event that a user is unable to attend or is running late for a session/class, the user must duly notify (usually an hour before the scheduled time for the class/session) us via email at niloofar.br@nilbon.co.uk. or send a message to their designated therapist of such absence or lateness. Any unattended class/session shall not automatically result in a refund and users understand that by not attending a class/session, Nilbon Yoga may retain any paid fee for such session without any recourse to the customer. Notwithstanding the foregoing, should the customer duly notify us of their absence from a session for reasons beyond their control, we may at our discretion reschedule the class/session for a later date. This shall be at our sole discretion and not guaranteed.
The cost for the introductory meeting for our group classes is non-refundable.
For 1-to-1 sessions, clients can make full payment for either 1 session at a time or 3 or more at least 48 hours prior to their class. They should communicate with their instructor in the event that they need to cancel or reschedule a session. However, all notices for cancellation or rescheduling must be made at least 2 working days in advance. Any cancellation or rescheduling notice made within 2 workings days of the scheduled class/session shall be denied with no recourse to a refund.
Fraudulent Transactions
In the event of any claim that your payment card has been used without your permission or any other fraudulent use of payment cards, we will assist the bank and authorities with any investigations including providing them with all the details we have about you, card authentication and any communications through or related to the website and service ordered. Falsely making any such fraudulent claims can result in your card being blacklisted which will affect your future card purchases. Denying a purchase that you have made is illegal and may result in legal action towards you, which can lead to prosecution, fines and impairment of your credit rating.
Intellectual Property
Subject to other terms in these Terms and Conditions, all Content included on this website including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software are the property of Nilbon Yoga and our affiliates or other relevant third parties. By continuing to use the website, you acknowledge that such material is protected by applicable intellectual property laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from this website unless otherwise indicated on the website or unless given express written permission to do so by us.
Service(s) under this website shall be considered as work for hire. Thus, it is expressly agreed that Nilbon Yoga is acting as an independent contractor and not as an employee. The agreement between you and Nilbon Yoga does not create a partnership or joint venture or a franchise and is exclusively a contract for service.
Links to Other Websites
This website may contain links to other websites. Unless expressly stated, these websites are not under the control of Nilbon Yoga or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of their use. The inclusion of a link to another website on this Site does not imply any endorsement of the websites themselves or those in control of them.
Use of the Website
When using the website and our service, you shall act in accordance with the following rules:
It is advised that submissions are made using the English language;
The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
You must be polite to our therapist, you shall not use any swear words or make any racist, offensive, sexist, threatening words towards them;
You must not use our website for illegal activities;
You must not display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party or website without our prior written consent;
Any attempts to publish or send malicious content with the intent to compromise this site is strictly prohibited;
You may not create a false identity on the website, misrepresent your identity, create a profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your name, address, payment information etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful.
User Account
In order to use our services and certain features available on the website, you may be required to set up an account with us and provide certain information about yourself. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
By continuing to use this Website, you represent and warrant that
all information you submit is accurate and truthful;
you have permission to submit Payment Information where permission may be required; and
you will keep this information accurate and up to date.
We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Nilbon Yoga immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending.
Termination
We may terminate our service with you If we observe you have breached any terms of this agreement. You will be notified by email and an explanation for the termination will be provided. Any money paid by you to us prior to such termination shall be non-refundable.
Our responsibilities/Warranties
Your safety when using our website is paramount to us. Hence, all reasonable skills and care shall be taken to ensure your safety when using our Website. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet, or method of payment is 100% secure. While we strive to use commercially acceptable means to protect your transactions on our website, we cannot guarantee its absolute security.
We will do our best to maintain the operation of the website for the Service, however, we may need to temporarily suspend the website for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the Site as soon as reasonably possible after any suspension.
If we cannot do what we have promised in these Terms because of something beyond our reasonable control (fire, an act of God, public or governmental orders, war or any other unforeseen and uncontrollable event), we will not be liable for this. We shall find a reasonable time where possible to provide services after the unforeseeable event/situation has passed. If for whatever reason we are unable to provide services herein this agreement due to our negligence or omission, we shall duly refund your money.
We warrant that we will take all reasonable care in performing our duties to you. We also warrant to deliver the service at the due time as agreed by the parties. We, however, make no warranty or guarantee that such service(s) will always meet your requirements. In the event of any dissatisfaction or faults with our service, we are only liable to the extent of our return and cancellation policy.
Disclaimers
We do not make any warranty or representation that the website will meet your requirements, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of the Service or Services mentioned on our website.
We make no guarantee of any specific results from our session/class. Our plans/programs/coaching is “as is” and we do not make any guarantee that it shall be fit for a particular purpose or that it will be suitable to you or third parties that might be using it. You partake of this class/plan/program at your discretion and risk.
We offer our services solely as a complementary and alternative health care service. The program/class discussed is intended to support your health and provide fitness. Any advice given by us through our therapist should not be interpreted as medical advice and is not intended to diagnose, treat or cure any medical problems or illness, or to be a substitute for advice from your physician or other healthcare professional. To ensure all plans/programs are well suited to a customer’s needs and health requirements, we may require customers to share some medical records or reports with us and fill out some questionnaires. You hereby warrant to provide such medical information to help us provide the best services to you. Should you provide an inaccurate, false or incomplete medical report or record, we shall not be held liable for any loss, damage or injury suffered due to such omission or negligence in not sharing such record with us. If you experience any significant pain or wish to cancel mid-session due to any discomfort, we are happy to cancel such a session. If ever unsure, you should discuss any recommendations or routines we have advised with your primary physician or an independent health practitioner.
While we try to ensure our plans/program/sessions are gentle and non-invasive, it is possible in some sessions to experience some physical discomfort or emotional distress that can be perceived as painful. You agree to promptly inform your instructor during this session if you experience any emotional distress and/or physical discomfort during your session. If appropriate, you will be referred to an appropriate professional health care provider for further assistance.
Nilbon therapists do not have medical, or psychotherapy or psychology background and their comments and instructions should not be taken as medical advice or therapy. As our classes are online, we cannot assure the health and safety of our clients and they are responsible to make sure that the setting that they practice in, is safe and fit for purpose and they have enough room. If they have any condition that affects their practice, our clients are responsible for sharing that with their yoga therapists. Clients are responsible for providing accurate information for the purpose of their classes so that we can provide legitimate service to them. By taking part in our online classes, clients are consenting to our therapist seeing the inside of their house or where they practice.
Whilst every effort has been made to ensure that all descriptions of Services available on our website correspond to the actual Services, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct services, not different services altogether.
Whilst we do our best to ensure this website is secure and free of errors, viruses and other malware, all users are advised to take responsibility for their security, personal details and computers.
Third-party websites with links from the Site have not been verified or reviewed by Nilbon Yoga. Except otherwise stated, the use and access of such third-party websites are made at your own risk.
Modification of Service and these Terms and Conditions
Nilbon Yoga reserves the right to modify this website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the website following the changes. If we are required by law to make any changes to Terms and Conditions, these changes will apply automatically to any transaction currently pending in addition to any transaction placed by you in the future.
Limitation of Liability
To the maximum extent permitted by law, Nilbon Yoga accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this website, any information contained therein or the use of our service. Users should be aware that they use our service and this website at their own risk. We accept no liability for any disruption or non-availability of this website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, third party (such as zoom or other meeting platforms) server failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Unless it is caused by us and is reasonably foreseeable, we will generally not be liable for:
any incorrect or inaccurate information on the Site and all interruptions to or delays in updating our website/Service;
the infringement by you of any third-party Intellectual Property Rights;
loss or damage due to viruses or other malicious software that may infect a user's mobile device, computer equipment, software, data or other property caused by the user accessing, using or downloading content from this website, or from transmissions via emails or attachments received from Nilbon Yoga or its licensees;
the Injury suffered by you as a result of using our service or due to your negligence.
Medical issues or other information that you reasonably should have mentioned before commencing this program but fail to mention.
Indemnification
You agree to irrevocable release, indemnify, hold harmless and defend Nilbon Yoga, our agents, representatives, consultants, affiliates and employees from and against any and all claims of whatsoever kind or nature, and for any loss, damage, or injury, including but not limited to, financial, personal, emotional, psychological, medical, or otherwise which you may incur arising at any time out of or in connection with your sessions/classes.
No Waiver
Any default, delay or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions. We are entitled to still pursue any omitted or failed payment by you at any time.
Warranty
You warrant that you do not suffer from any physical, mental or medical condition that would preclude you from participating in any of our sessions/classes. You hereby accept any risk of injury as a result of your participation in any of our classes/sessions. It is your responsibility to inform your instructor of any medical, mental or physical conditions that you may have, or any changes in your physical condition that might in any way adversely affect your ability to participate in the sessions safely. You hereby release and hold harmless Nilbon Yoga from any and all liability, damage, expense, cause of action, suit, claim and judgment arising from injury, damage or loss to you or your personal property which may arise out of your participation in our session/classes.
Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Resolving disputes
Any dispute between users and Nilbon Yoga arising from this Agreement shall be resolved through mediation if not resolved informally by the parties within 15 days of the dispute arising. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted by an expert arbitrator agreed upon by the parties. The cost of mediation and arbitration shall be borne by the party bringing the dispute or claim.
We encourage users/customers and Instructors/therapists to try and settle conflicts amongst themselves. If for any reason this fails, please feel free to contact us on the contact details provided on our website. We would try and resolve the issue and make a decision. If you are unsatisfied with our decision, then the dispute will be resolved through binding arbitration conducted by an expert arbitrator as agreed by the parties. Any arbitration fees shall be borne by the party bringing a claim.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and Nilbon Yoga shall be governed by and construed in accordance with English laws and you agree to submit to the exclusive jurisdiction/courts in England.
Entire agreement
These Terms, the Privacy Policy, and any other agreement contained on our website or agreed by the parties constitute the entire agreement between you and Nilbon Yoga.
How to contact us
If you have any questions about our company’s Terms and Conditions, or you would like to exercise one of your data protection rights, please do not hesitate to contact us at niloofar.br@nilbon.co.uk or call +447588187771.