Website Terms and Conditions

1.1         These terms and conditions (together with the documents referred to in it) (collectively, these “terms”) set out the basis on which you may make use of the website www.ekah.co.uk (our “site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our site.

1.2         By using our site, you indicate that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our site.

1.3         We recommend that you should print a copy of these terms and conditions for future reference.

2             Information about us

2.1         Our site is operated by Brighton and Hove Yoga Limited (under the trading name of ekah) (“we”).  We are a company incorporated in England and Wales under company number 04684656. Our registered office address is ekah yoga. Donkey Mews, Hove, BN3 1AW.  We are a limited company.

2.2         Our studio is located at Kendal House, Donkey Mews, Brunswick Street East, Hove, BN3 1AW (“Studio”).

2.3         You can contact us using the following email address: info@ekah.o.uk or by telephone using the following number: 01273 329642

3             There are other terms that may apply to you

These terms of use refer to the following terms which also apply to your use of our site:

3.1         Our Privacy Policy (see below) which also applies to your use of our site, sets out the terms on which we process any personal data we collect from you, or that you provide to us. We will only use your personal information as set out in our privacy policy.

3.2         Our Cookie Policy (see below), which sets out information about the cookies on our site.

3.3         If you become a member of the Studio, our terms and conditions of membership will apply to your membership.

4             We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

5             We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities or for any other reason.

6             We may suspend or withdraw our site

6.1         Access to our site is permitted on a temporary basis and is available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

6.2         You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7             Accessing our site

7.1         If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

7.2         If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@ekah.co.uk.

8             Intellectual property rights and how you may use material on our site

8.1         We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

8.2         You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

8.3         You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

8.4         Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

8.5         You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

8.6         If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9             Do not rely on information on this site

9.1         The content on our site is provided for general information only and is not intended to amount to advice on which you should rely. You should take professional or specialist advice before taking, or refraining from, any action based on the content of this site.

9.2         The content on our site is provided without any representations, guarantees, conditions or warranties as to its accuracy or completeness or as to whether it is up to date.

9.3         Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

9.4         This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us on info@ekah.co.uk.

10           Our responsibility for loss or damage suffered by you

10.1       We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user of our site:

10.2       We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

10.3       We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

10.3.1         use of, or inability to use, our site; or

10.3.2         use of or reliance on any content displayed on our site.

10.4       In particular, we will not be liable for:

10.4.1         loss of profits, sales, business, or revenue;

10.4.2         business interruption;

10.4.3         loss of anticipated savings;

10.4.4         loss of business opportunity, goodwill or reputation; or

10.4.5         any indirect or consequential loss or damage.

If you are a consumer user:

10.5       Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.6       You must obtain medical clearance from your health care practitioner prior to beginning any of the exercise programmes described on our website. The exercises described on this site are not suitable for everyone and are not a substitute for medical expertise. If done improperly, exercise has some risk of injury. If you feel discomfort or pain, DO NOT continue. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the exercises described on our website and make no warranties or representations of any kind concerning the accuracy or suitability of the information contained on this website for any purpose.

11           Viruses, hacking and other offences

11.1       We do not guarantee that our site will be secure or free from bugs or viruses.

11.2       You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

11.3       You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

11.4       You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

11.5       By breaching this clause 11, you would commit a criminal offence under the Computer Misuse Act 1990. We will 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, your right to use our site will cease immediately.

11.6       We will not be 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 site linked to it.

12           Linking to our site

12.1       You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it in any way whatsoever, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

12.2       You must not establish a link from any site that is not owned by you.

12.3       Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

12.4       If you wish to make any use of material on our site other than that set out above, please address your request to: info@ekah.co.uk.  

13           Jurisdiction and applicable law

13.1       These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

14           Entire Agreement

These terms of use and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the use of our site.

If you have any concerns about material which appears on our site or concerns with regards to our services, please contact: info@ekah.co.uk.

privacy policy

1.1         This Privacy Policy (the Policy) sets out how we Brighton and Hove Yoga Limited (under the trading name of Ekah) (“we” or “us”)) process the personal data of our website visitors and customers in the European Union (User). 

1.2         If you have any questions about this Policy, please contact us at info@ekah.co.uk

2             what is PERSONALLY IDENTIFIABLE INFORMATION (PII)/personal data?

Personal data or PII means any information relating to a person who can be identified either directly or indirectly; it may include name, address, email address, phone number, credit/debit card number, IP address, location data, purchase history (Personal Data).

3             PURPOSES FOR WHICH we process PERSONAL data

3.1         We will only process your Personal Data, in accordance with applicable law, for the following purposes:

3.1.1            creating and maintaining your Membership account, if you become a Member of our Studio including notifying you of any changes to our class schedule programmes or other general Membership information;

3.1.2            handling and fulfilling your orders, if you request goods or services from us.  This may also include processing of information that we receive from third parties, for example, address data to verify your correct address;

3.1.3            obtaining payment from you, if you purchase any of our goods and/or services;

3.1.4            enabling our suppliers and service providers to carry out certain functions on our behalf, including payment processing, verification, technical, logistical or other functions, as may be required, in order to fulfil your orders;

3.1.5            resolving any returns, refunds or disputes, if you lawfully exercise your rights or if you wish to dispute any part of our offering;

3.1.6            sending you personalised marketing communications, where you have agreed that we may do so, in order to keep you informed of our and our selected partner’s products and services, which we consider may be of interest to you;

3.1.7            ensuring the security of your account and our business, preventing or detecting fraud or abuses of our website, for example, by requesting verification information in order to reset your account password;

3.1.8            developing and improving our products and services, for example, by reviewing visits to our website and its various subpages, demand for specific goods and services and User comments; and

3.1.9            to comply with applicable law, for example, in response to a request from a court or regulatory body, where such request is made in accordance with the law.

3.2         Your consent, as the Data Subject, to the processing as specified in this Policy is the primary legal ground for our processing of your Personal Data.  However, there may be circumstances where we may also rely on other valid legal grounds for the processing of your Personal Data, such as:

3.2.1            your request for content, goods or services necessitating steps including processing of your Personal Data to be taken prior to entering into contract with you and any processing that is necessary for the performance of such contract;

3.2.2            legitimate interests pursued by us as a business, except where such interests are overridden by your interests and fundamental rights.  We will rely on this legal ground in relation to the processing set out in paragraphs 3.1.7 and 3.1.8, in which we have a legitimate interest; and

3.2.3            compliance with a legal obligation to which we are subject, such as, for example, the processing for the purposes set out in paragraph 3.1.9.

4             DISCLOSURE OF CUSTOMER INFORMATION

There are circumstances where we wish to disclose or are compelled to disclose your Personal Data to third parties.  This will only take place in accordance with the applicable law and for the purposes listed above.  These scenarios include disclosure:

4.1         to our subsidiaries, branches or associated offices;

4.2         to our outsourced service providers or suppliers to facilitate the provision of our services or goods to our Users, for example, the disclosure to our data centre provider for the safe keeping of your Personal Data, webhosting provider through which your Personal Data may be collected, identity verification partners in order to verify your identity against public databases;

4.3         to our advertising partners who enable us to deliver personalised ads to your devices or similar advertising;

4.4         subject to your consent, to our marketing partners, who may contact you by post, email, telephone, SMS or by other means. If you do not wish to be contacted, you may unsubscribe by emailing info@ekah.co.uk.

4.5         to third party service providers and consultants in order to protect the security or integrity of our business, including our databases and systems and for business continuity reasons;

4.6         to another legal entity, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event.  In the case of a merger or sale, your Personal Data will be permanently transferred to a successor company;

4.7         to Mindbody Inc, a company incorporated in the United States and which trades under the name Mind Body On Line;

4.8         to public authorities where we are required by law to do so; and

4.9         to any other third party where you have provided your consent.

5             INTERNATIONAL TRANSFER OF PERSONAL DATA

We may transfer your Personal Data to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes set out in paragraph 2 above.  In particular, your Personal Data may be transferred by us and to our outsourced service providers located abroad.  In these circumstances we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means.  Please contact us for a copy of the safeguards which we have put in place to protect your Personal Data and privacy rights in these circumstances.

6             RETENTION OF PERSONAL DATA

6.1         Your Personal Data will be retained until your last use or purchase of our services or goods and normally for a period of three years thereafter, unless longer retention is required by applicable local law or where we have a legitimate and lawful purpose to do so. However, we will not retain beyond this period any of your Personal Data that is no longer required for the purposes set out in this Policy.  The retention of your Personal Data will be subject to periodic review.

6.2         We may keep an anonymised form of your Personal Data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.

7             DATA SUBJECT RIGHTS

7.1         Data protection law provides Data Subjects with numerous rights, including the right to: access, rectify, erase, restrict, transport, and object to the processing of, their Personal Data.  Data Subjects also have the right to lodge a complaint with the relevant data protection authority if they believe that their Personal Data is not being processed in accordance with applicable data protection law.

7.2         Right to make subject access request (SAR).  Data Subjects may, where permitted by applicable law, request copies of their Personal Data.  If you would like to make a SAR, i.e. a request for copies of the Personal Data we hold about you, you may do so by writing to info@ekah.co.uk.  The request should make clear that a SAR is being made.  You may also be required to submit a proof of your identity and a fee.

7.3         Right to rectification.  You may request that we rectify any inaccurate and/or complete any incomplete Personal Data.

7.4         Right to withdraw consent.  You may, as permitted by applicable law, withdraw your consent to the processing of your Personal Data at any time.  Such withdrawal will not affect the lawfulness of processing based on your previous consent.  Please note that if you withdraw your consent, you may not be able to benefit certain service features for which the processing of your Personal Data is essential.

7.5         Right to object to processing.  You may, as permitted by applicable law, request that we stop processing your Personal Data.

7.6         Right to erasure.  You may request that we erase your Personal Data and we will comply, unless there is a lawful reason for not doing so.  For example, there may be an overriding legitimate ground for keeping your Personal Data, such as, a legal obligation that we have to comply with, or if retention is necessary for us to comply with our legal obligations.

7.7         Your right to lodge a complaint with the supervisory authority.  We suggest that you contact us about any questions or if you have a complaint in relation to how we process your Personal Data.  However, you do have the right to contact the relevant supervisory authority directly.  To contact the Information Commissioner’s Office in the United Kingdom, please visit the ICO website for instructions.

8             Children

Please note that this website is not intended for children under the age of 16.

9             LINKED WEBSITES

Please note that any websites that may be linked to our websites and collect information from you of their own right (including but not limited to Mind Body Online) are subject to their own privacy policy. Such sites are not within our control and are not covered by this Privacy Policy.

cookie policy

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse our website, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

·                    Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.

·                    Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

·                    Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

·                    Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Except for essential cookies, all cookies will expire after 12 months.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.