Please read the following important terms and conditions before using our site and booking any meditation sessions.Welcome to https://citycalmcc.com/ This contract sets out:
your legal rights and responsibilities;
our legal rights and responsibilities; and
certain key information required by law.
In this contract:
We, us or our means Cheryl A Clarke from City Calm, 119D High Street Linlithgow, EH497EJ who rents studio space to teach meditations at 6-8 Alexander Drive, Gorgie, EH11 2RH Edinburgh. And offers virtual meditation sessions via zoom and through the website.
You or your means the person accessing, browsing or purchasing meditation sessions from our site; and
‘Session’ means group-based meditations specified for a particular start and end time as detailed in your booking, or a group of sessions. Or, pre-recorded meditations in our online membership program purchased through the website;https://citycalmcc.com/
If you don’t understand any of this contract and want to talk to us about it, please contact us by e-mail: hello(@)citycalmcc.com. If you are buying the Session as a gift, you are responsible for ensuring that the Session participant is made aware of these conditions and agrees to abide by them. It is your responsibility to determine whether you are subject to any physical or mental condition which might prevent you from safely participating in any Session. If you are in any doubt, you should consult a medical practitioner. You are not entitled to cancel a booking and will be given a full refund up to 48 hours before the session start time. There will be no refunds issued for pre-recorded sessions.
1.1 If you buy Sessions on our site you agree to be legally bound by this contract.
1.2 You may only buy Sessions from our site for non-business reasons.
1.3 This contract is only available in English. No other languages will apply to this contract.
2 Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 Read our Confirmation Email (see clause 3.2.3); or
2.1.2 contact us by using the contact details above.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 Booking a Session
3.1 Below, we set out how a legally binding contract between you and us is made.
3.2 You place an order on the site by means of our checkout process. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
3.2.1 When you place your order at the end of the online checkout process (when you click on the payment button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
3.2.2 We may contact you to say that we do not accept your order.
3.2.3 We will only accept your order when we email you to confirm this (Confirmation Email).
3.3 If you are under the age of 18 you may not buy any Sessions from the site or participate in any Sessions.
3.4 Once you have booked a Session, you are not entitled to resell it for a profit in money or money’s worth. This includes circumstances where we reasonably consider that booking has been made with the specific intention of offering it for resale for profit and with no intention for the original purchaser or a friend or associate of the purchaser to attend the Session.
4 Cancelling the Session
4.1 We do everything we reasonably can to provide Sessions to those who have booked them, but as with any service, things may happen from time to time which prevent us from doing so. An example might be a problem arising in the venue which is to be the location of the Session. If we do need to cancel a Session, we will let you know as soon as possible and will refund you the price of the Session in full.
4.2 If you need to cancel a booking for a Session, you must inform us of your decision to cancel by a clear statement by email setting out your name, and the details of the Session you have booked that you wish to cancel. If you send us this email more than 48 hours in advance of the Session, we will cancel your booking and refund you. If you cancel after that time, you will not be entitled to any refund.
5 The Venue
5.1 Our Sessions are conducted in a studio, located inside an independent venue provider.
5.2 We notify you during the booking process of any particular requirements you need to observe in respect of the venue. In addition, you agree to comply with all customary health and safety, licensing, and other regulations whilst at the venue.
5.3 The management of the Venue reserves the right to refuse admission to the Venue in reasonable circumstances including for health and safety, licensing reasons.
5.4 We also reserve the right to request that you leave the Session or the venue at any point on reasonable grounds and may take any appropriate action to enforce this right. By way of example, we may remove any person who:
5.4.1 uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace; or
5.4.2 in our (or the venue operator’s) reasonable opinion, is acting under the influence of alcohol or drugs; or
5.4.3 fails, when required, to produce proof of identity or age.
5.5 If you fail to observe these requirements, or we reasonably consider that your conduct is or may be detrimental to us, the venue, or other people in the Session, we may refuse to admit you to (or bar you from) any Session and you will not be entitled to a refund.
6.1 We will do all that we reasonably can to ensure that all of the information you give us when paying for the Session is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
6.2 Your credit card or debit card will be charged when you click on the payment button during the payment process.
6.3 We do not store credit card details.
7 The Session
7.1 Meditation is something that millions of people have used to enhance their sense of well-being. Our website describes the nature of the Sessions and it’s up to you to determine whether a Session is the right thing for you.
7.2 By booking a Session, you confirm that you understand that Sessions are not a therapeutic service, and that the venue is not a therapeutic facility.
7.3 Sessions are not a substitute for counselling, psychotherapy or ongoing medical advice from a qualified medical practitioner. Do not book a Session if you intend it to confer any therapeutic benefit.
7.4 The Sessions can involve moderate physical activity; it is your responsibility to ensure that you are medically fit enough to engage in any activity involved in the Session. If at any time you feel any discomfort or uncertainty regarding any physical activity involved in the Session, do not take part in it.
7.5 Everyone reacts in their own way to the practice of mindfulness. You will not receive any one-to-one guidance or assessment from us prior to, during or after any Session. It’s your responsibility to prepare for and deal with any emotional or psychological issues that you may experience as a result of any Session
7.6 We must provide you with Sessions that comply with your legal rights.
7.7 We undertake a wide range of Sessions, and the promotional images on our website are not necessarily representative of the venue set-up, music and visual experience of the Session you have booked.
7.8 It’s your responsibility to keep control over any of your possessions during a Session. We cannot be responsible for any loss or damage to any of your property during a Session unless it’s due to our negligence (or the venues negligence). You agree that neither we nor the venue have any obligation to safely secure or store your possessions.
8 Intellectual Property Rights; Recordings
8.1 We have taken a lot of time, resources and energy to make the Session a unique and high-quality experience. We own or licence the intellectual property rights in the sound, light and video elements of the Session and you are not entitled to record or reproduce them without our prior consent in writing. We reserve all our rights in the soundtrack, video and any lighting configurations for the Session.
8.2 The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data during any Session is strictly prohibited. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made of a Session in breach of these conditions shall belong to us. The Venue will not be liable for any loss, theft or damage to confiscated items.
9 Consumer Rights
9.1 You have the right to expect the Sessions to be carried out by us with reasonable skill and care. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are unaffected by any of these terms. You may also have other rights in law. For more detailed information on your rights and what you should expect from us, please visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06.
9.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’).
9.3 Please let us know if you have any positive or negative feedback regarding the Sessions – you can send this to hello(@)citycalmcc.com.
10 Limit on our responsibility to you
10.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
10.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed, and
(b) that were not caused by any breach on our part;
10.1.2 business losses; and
10.1.3 losses to non-consumers.
11.1 We will try to resolve any disputes with you quickly and efficiently.
11.2 If you are unhappy with:
11.2.1 the Sessions;
11.2.2 our service to you; or
11.2.3 any other matter, please contact us as soon as possible.
11.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
11.3.1 let you know that we cannot settle the dispute with you; and
11.3.2 you may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: http://ec.europa.eu/consumers/odr/.
11.4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this contract.
11.5 Relevant United Kingdom law will apply to this contract. If you are resident outside the United Kingdom, you will continue to benefit from any mandatory provisions of the law of the country in which you are resident.
12 Third party rights
12.1 No one other than a party to this contract has any right to enforce any term of these terms.