TERMS & CONDITIONS
1. Payment / Registration
The fee for the Online Course (the “Fee”) must be paid in full at the time of registration. Registration is not complete until Cultivate has received such full payment of the Fee. After successful registration, you will receive an e-mail from Cultivate acknowledging your enrollment in the Online Course.
You agree to provide accurate and complete registration information. Submission of your registration, alongside full payment of the Fee constitutes your acceptance of these Terms and Conditions.
2. Cancellations and Refunds
If you cancel your registration in an Online Course you will not be entitled to a refund, except in exceptional circumstances, at the discretion of Cultivate. If a refund is granted to you, an administration fee may be charged.
Cancellation by us
Cultivate reserves the right to cancel the Online Course by giving you notice in writing (including by email) at any time before the course is due to start. Cultivate will refund all fees paid by you and if possible, will endeavour to offer a transfer to another course as an alternative, subject to payment or refund of any difference in purchase price.
Cultivate’s liability when it cancels an Online Course will be limited to a refund of the Fee or any other charges paid for the cancelled Online Course. For partial cancellation of an Online Course, such refunds will be made on a proportionate basis. All dates are subject to change, however notice of such change will be given and refunds will not be issued for any rescheduled class.
3. Course Content
The course description is intended to indicate only the general nature of the course and does not guarantee content. Cultivate reserves the right to amend the course and alter details at its discretion.
Cultivate is not responsible if you fail to meet the Online Course requirements and you should ensure that you allocate sufficient time to allow you to successfully complete the Online Course. Refunds are only available as set out in paragraph 3 above.
4. Student Conduct
By continuing to access or use the Online Course and the website www.cultivatecenter.thinkific.com (the “Website”), or any content located via the Online Course and/or on the Website, you signify your acceptance of the below terms. Cultivate may modify these terms and conditions from time to time.
Cultivate grants you a limited license to access and use the content located via the Online Course and/or on the Website in connection with the Online Course you are enrolled in. As a condition of such license, you agree that:
•All materials – including but not limited to text, photographs, video, audio, images and any other content – appearing via the Online Course and/or on the Website are protected by copyrights and/or other proprietary rights belonging to Cultivate and/or other third parties. You agree to abide by all applicable laws regarding copyrights, trademarks, publicity rights and privacy rights in the US, UK and any other jurisdiction from which you are accessing the Website.
•You may not copy, reproduce, duplicate, distribute, disseminate, publish, post, display, perform, modify, create derivative works from, upload to, transmit, or in any way exploit any content from the Online Course and/or on the Website. You may not sell or offer for sale any of the content, or allow third parties to access it, or use such content to construct any kind of database. You may use the content from the Online Course and/or on the Website only for personal, non-commercial use.
•Any violation of these terms may result in your expulsion from the Online Course and/or Cultivate, and you may be subjected to fines and penalties.
You agree to maintain the security of any user name and password required for accessing the Online Course. You will notify us promptly if you become aware of any unauthorized use of your username and/or password.
Cultivate makes no claim that the Online Course content is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United Kingdom or the United States. Access to the Online Course may not be legal by certain persons or in certain countries. When accessing the Online Course and/or the Website, you are responsible for compliance with the laws of your jurisdiction.
Cultivate reserves the right to remove you from the Online Course and/or the Website if you do not respect these guidelines, Cultivate staff and/or fellow students.
5. Data Protection
By registering with Cultivate and by paying the fees, you agree to Cultivate collecting and using your personal data. This will be done in accordance with the Data Protection Act 1998 and Cultivate’s Privacy Policy.
6. Waiver
In consideration for my participation in all Online Courses involving movement, including but not limited to yoga, offered by Tara Antonipillai Wellness LLC (dba Cultivate) ("the Instructor") in person or by other electronic means (collectively “Movement Courses”), I understand, acknowledge and hereby agree to the following:
I understand that participation in any exercise or activity program may increase the risk of injury to myself.
I understand that the Movement Courses are a strenuous activity and it is my responsibility to consult with a physician prior to and regarding participation. I represent and warrant that I have no physical or mental condition that would prevent participation in such Movement Courses. I understand that it is my sole responsibility to consult with a physician if I am pregnant and obtain physician approval to attend Movement Courses.
I understand that the level of my participation in the Movement Courses and which exercises to perform must be determined by me, in consultation with my physician, and that the Instructor is not responsible for the intensity of my participation.
I hereby personally assume any and all risks associated with participating in the Movement Courses.
I hereby release, indemnify and hold harmless the Instructor from all liability to me, my personal representatives, assigns, heirs, and next of kin for any and all loss or damage any and all claims, demands, personal injuries, costs, or expense, (including attorney’s fees and court costs) arising from or relating in any way to my participation in the Movement Courses, whether caused by the negligence of the Instructor or otherwise.
I further release, indemnify and hold harmless the sponsoring firm, corporation, other organization or business entity (collectively “Sponsoring Organization”), from all liability to me, my personal representatives, assigns, heirs, and next of kin for any and all loss or damage any and all claims, demands, personal injuries, costs, or expense, (including attorney’s fees and court costs) arising from or relating in any way to my participation in the Movement Courses, whether caused by the negligence of the Instructor the Sponsoring Organization or otherwise.
I further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of Virginia. Should a provision of this agreement or portion thereof be found invalid or void as against public policy by any court of competent jurisdiction, the remainder of this agreement shall nonetheless remain in full force and effect.
I acknowledge that I have read and understand this Waiver & Release of Liability and I understand that I am giving up substantial rights, including my right to sue. I have voluntarily signed this form, and further agree that no oral representations, statements or inducements apart from the foregoing written agreement have been made. This release contains the entire Agreement between the parties hereto, and the terms of this release are contractual and not a mere recital.
7. Technology Requirements
The Online Course is facilitated through an online learning management system. It is your responsibility to ensure that you have the proper hardware and software requirements, along with access to Wi-Fi, to be able to participate in the course. You will need to ensure you have the proper technology at the time of registration as will be provided with the registration details
Cultivate is not be responsible for any errors or failures in relation to your ability to access the Online Course, the Website or any related materials, including where such errors or failures are caused by: (i) a loss of connection on Cultivate or your end; (ii) a breakdown or problems with the online software and/or (iii) a breakdown or problems with your internet connection, computer or system.
8. Miscellaneous
Your contract with Cultivate and any dispute arising from it (including non-contractual disputes) shall be governed by and enforced pursuant to the laws of the State of Virginia, without regard to conflicts of law. The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of, relating to, or in connection with these Terms and Conditions or the breach, termination, interpretation or validity thereof (the “Dispute”) shall be submitted for mediation administered in accordance with the American Arbitration Association’s International Center for Dispute Resolution or its successor (“ICDR”), in accordance with its Mediation Rules. If the Dispute, or any portion of the Dispute, is not settled within 60 days from the date when mediation is initiated, then, except in the circumstances specified below, the Dispute shall be submitted for binding arbitration administered by ICDR in accordance with its International Arbitration Rules. The arbitration shall be final and binding on all parties involved. Judgment upon the award may be entered by, and enforcement of the award may be sought in any court having jurisdiction over the relevant party or its assets. The arbitration and any proceedings conducted hereunder shall be governed by applicable Virginia law, Title 9 (Arbitration) of the United States Code and by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 (the “Convention”). The place of any mediation or arbitration shall be Virginia, Virginia, and the language of any mediation or arbitration shall be English. Despite these provisions, we may bring proceedings against you in any court having jurisdiction over the matter, in the event that you fail to make payment to us in full cleared funds when due, or you or assets belonging to you are located in a jurisdiction that is not a signatory to the Convention. If we bring court proceedings against you, the Dispute shall be resolved in such proceedings, neither of us shall have the right to arbitrate any portion of the Dispute. WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY.
Should a situation arise that is not covered by these Terms and Conditions, Cultivate reserves the right to take any reasonable and fair action that we think appropriate
Should you have any queries on the terms and conditions, please contact Cultivate at [email protected]