Terms & Conditions
QC Wellbeing CIC – Terms & Conditions
1. Introduction
1.1 – QC Wellbeing CIC is a private company limited by guarantee without share capital, incorporated and registered in England and Wales with company number 14887686 whose registered office is at 3rd floor, 86 – 90 Paul street, London EC2A 4NE (referred to below as “QCW”, “we”, “us” or “our”).
1.2 – You can contact us by telephone at 02034753374 or by email at info@querenciaconsultants.com.
1.3 – Where we use the words “you” or “your” or “Member”, we mean the person that is contracting with QCW.
1.4 – These terms and conditions (these “Terms”) together with your completed Registration Form form a binding legal agreement between you and us in relation to your use of the Studio (the “Agreement”).
1.5 – Please note that we may update and make changes to these Terms at any time
2. Definitions and interpretation
2.1 – In these Terms, the following definitions and rules of interpretation apply:
“Member” means any person who has completed and submitted the Registration Form and whose registration has been accepted by QCW, and references to “Membership” shall be interpreted accordingly.
“Registration Form” is the registration form to be completed by you, which is available through the Website.
“Studio” means QCW’s virtual studio, which can be accessed via Zoom.
“Website” means QCW’s website at https://www.querenciaconsultants.com/
2.2 – References in these Terms to:
The singular will include the plural and vice versa.
The masculine gender will include references to the feminine gender.
writing or written includes email.
3. MEMBERSHIP
3.1 – In order to become a Member of the Studio, you will first need to complete and submit to QCW a Registration Form. You agree that all information you provide to QCW in the Registration Form will be current, true, accurate and complete. If you provide false, misleading or inaccurate information, we reserve the right to reject your application or terminate your Membership. You must notify us immediately of any changes to your personal details, including your health status and contact information.
3.2 – Following submission of your Registration Form, we, in our absolute discretion, will decide whether to accept you as a Member and will notify you accordingly.
3.3 – If you are accepted as a Member, you must comply at all times with these Terms, including, without limitation, in relation to your use of the Studio and payment by you of all applicable fees.
3.4 – QCW reserves the right to suspend or terminate your Membership or to refuse to renew your Membership where:
3.4.1 – You seriously or repeatedly fail to comply with these Terms;
3.4.2 – We consider, in our reasonable opinion, that you are not medically or physically able to use the Studio safely;
3.4.3 – Your conduct is offensive, abusive, violent or intimidating or may, in QCW’s reasonable opinion, adversely affect QCW’s reputation;
3.4.4 – You allow another person to use your Membership to gain access to the Studio; or
3.4.5 – Such suspension or termination is otherwise in the best interests of the other Members.
Any Member whose Membership is terminated in these circumstances will immediately cease to be a Member, may not use the Studio and will not be entitled to any refund of any fees that have been paid in advance.
4. SUBSCRIPTIONS AND PAYMENT
4.1 – A Member may elect to enter into a monthly subscription Membership, which requires the applicable subscription fee to be paid on a monthly basis by Auto-Pay, direct debit, standing order or debit or credit card. A monthly subscription Membership entitles the Member to participate in an unlimited number of classes at the Studio until they cancel their subscription.
4.2 – If the monthly subscription fee is paid by debit or credit card (or where any subscription fee remains outstanding beyond the due date) the Member unconditionally and irrevocably authorises QCW to debit any credit or debit card provided by the Member with the monthly subscription fee (or any outstanding fees) without notice to the Member.
4.3 – Subscription fees must be paid in accordance with these Terms irrespective of whether the Member uses the Studio’s facilities.
4.4 – QCW reserves the right to increase monthly subscription fees at its discretion and will give Members at least 10 working days’ notice of any such increase.
4.5 – Members who do not wish to accept an increase in monthly subscription fees proposed by QCW may terminate their monthly subscription Membership by giving notice to QCW in accordance with condition 4.7 below. The Member giving notice must continue to pay subscriptions at the rate current immediately prior to any proposed increase until the end of such notice period.
4.6 – A monthly subscription Membership shall continue indefinitely unless and until cancelled or terminated by the Member or QCW in accordance with these Terms.
4.7 – A Member may cancel their monthly subscription Membership at any time by giving one calendar month’s written notice to QCW of the desired cancellation date, using the email address set out at condition 1.2 above. Such cancellation will take effect on the specified cancellation date, and no refunds of any subscription fees that have been paid by the Member will be available in such circumstances, unless condition 5 below applies.
4.8 – It is the responsibility of the Member to cancel any direct debit or standing order with their bank on termination of their monthly subscription Membership. QCW cannot be held liable for any payments processed due to the failure of a Member to cancel a direct debit or standing order.
4.9 – Subject to any statutory right of cancellation under condition 5 below, all payments for Memberships, classes, sessions or gift certificates are non-refundable unless otherwise stated in these Terms.
4.10 – A Member may not attend any class or session at the Studio without first booking and/or paying for that class or session.
4.11 – Any Memberships or class cards and packages, including Introductory Offer and Drop In, must be activated within 6 months of the purchase date, unless stated otherwise in the terms and conditions of the particular Membership, class or package. Any memberships, class packages and cards that are not activated within 6 months from the purchase date will be deemed invalid.
4.12 – Details of class and session prices and gift certificate prices are available either at https://www.querenciaconsultants.com/ or directly from the Studio and will be such prices as determined by QCW from time to time.
4.13 – If a package is bought and only part used there will be no refund available for the remaining sessions.
4.14 – A Member may only buy gift certificates for other Members.
5. Your right to cancel your Membership
5.1 – If you are a consumer and have purchased your Membership online or over the telephone, you have a legal right to change your mind about your purchase within 14 days of entering into your Membership and to receive a refund of what you have paid. That right is subject to the conditions outlined below.
5.2 – Where the right to change your mind applies, you must notify QCW no later than 14 days after entering into your Membership. You can do this by telephone or email using the contact details set out at condition 1.2 above or by completing the online form at https://www.querenciaconsultants.com/cancellation-form/
5.3 – Please note that any refund payable to you under this condition 5 will be reduced by the value of any classes or sessions that you have participated in before cancelling your Membership. We will refund you within 14 days of when you told us that you had changed your mind, using the same method as you used to make payment. We don’t charge a fee for the refund.
6. Using the Studio
6.1 – Upon becoming a Member, you are entitled to access and use the Studio and the classes and activities available through the Studio in accordance with:
6.1.1 – These Terms;
6.1.2 – The Studio guidelines, which may be notified to them from time to time; and
6.1.3 – any reasonable directions which QCW may issue to ensure the smooth operation of the Studio for the convenience of all Members.
6.2 – Each time you access and use the Studio, you warrant and represent that you:
6.2.1 – Understand that:
6.2.1.1 – Physical exercise involves movement, and such activity carries the risk of injury, whether physical or mental;
6.2.1.2 – It is your responsibility to judge your physical and mental capabilities for such activities and to ensure that, by participating in classes and activities in the Studio, you will not exceed your limits while performing such activity;
6.2.1.3 – It is your responsibility to select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have; and
6.2.1.4 – From time to time, QCW may suggest physical adjustments or the use of equipment, and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.
6.2.2 – Will declare any health information about you that is relevant to the session or activity to the teacher. This information offers the teacher general background information which can help focus and personalise teaching and support.
6.3 – When our sessions or classes are being held online via live video stream, you will be practising without the physical presence of a teacher or instructor in the room. You should therefore avoid pushing beyond your existing limits. By participating in our live stream sessions or classes, you do so at your own risk and you will be fully responsible and liable for your own safety and wellbeing and for any injury you may sustain. Please avoid attending online sessions or classes if you have any doubt about your ability to carry out the instructions safely.
6.4 – QCW and its personnel (including teachers or instructors engaged by QCW) are not responsible or liable for any injury you may suffer as a result of accessing or using the Studio.
6.5 – QCW recommends that you consult your doctor before starting any new exercise programme, especially if you have any medical conditions. QCW and the teachers or instructors engaged by QCW cannot provide you with any medical advice.
6.6 – If you bring a guest to the Studio for a session that guest must, before the commencement of the relevant session, become a Member in accordance with and subject to these Terms.
6.7 – Children under the age of 16 may only use the Studio and attend classes if accompanied by an adult.
6.8 – QCW reserves the right to shut down the Studio at any time for essential maintenance at any time without notice or to cancel or withdraw a session, class or activity due to teacher or instructor sickness or to withdraw all or part of its offering for any period of time or, with notice where practicable, in connection with alteration or maintenance work or for reasons beyond the control of QCW.
6.9 – Members are requested to wear a form of dress appropriate to the practice of yoga. QCW recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members should attend sessions barefoot. Footwear should be removed in the reception area before practising unless the session requires specific footwear advised by the teacher or instructor.
7. STUDIO OPENING TIMES
7.1 – Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at https://www.querenciaconsultants.com/
8. FITNESS AND HEALTH
8.1 – Members are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. QCW reserves the right to refuse access to a class, session or activity to any Member if, in QCW’s absolute discretion, it considers that the health of the individual concerned may be endangered by participating in that class, session or activity.
8.2 – Members with low/high blood pressure and/or cardiac irregularities should not attend class until they have written permission from their doctor. If there is any doubt, the Member should consult their doctor. Members must notify QCW of any circumstances affecting their health which may be exacerbated through continued use of the Studio.
8.3 – Members are required to follow the instructions of their teacher or instructor at all times.
9. LIABILITY
9.1 – Nothing in these Terms shall limit or exclude any liability of either party which cannot be limited or excluded by applicable law.
9.2 – QCW will be responsible for losses that you suffer that are caused by QCW breaking these Terms, unless the loss is:
9.2.1 – Unexpected, i.e. it was not obvious that it would happen, and nothing you said to us before we accepted your Membership meant we should have expected it (so, in the law, the loss was unforeseeable);
9.2.2 – Caused by a delaying event outside our control;
9.2.3 – Something you could have avoided by taking reasonable action, including following our reasonable instructions for use of the Studio; or
9.2.4 – Related to your trade, business, craft or profession, in which case QCW’s total liability to you shall be limited to a maximum of £100.
9.3 – QCW cannot be held responsible for a particular class, session, activity, teacher or instructor not being available for whatever reason. QCW reserves the right to make alterations to classes, sessions, activities, teachers or instructors without notice and in its absolute discretion and QCW will not be liable for any loss occasioned by such alterations.
9.4 – Except as expressly provided in these Terms, QCW accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio.
10. GENERAL
10.1 – Members are required to give notice to QCW of any change of home address or email address. Failing such notice, all communications will be assumed to have been received by the Member within 5 days of mailing to the last address (of either type) notified to QCW.
10.2 – QCW reserves the right to refuse admission to the Studio at any time.
10.3 – A person who is not a party to the Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Agreement.
10.4 – We will only process personal data you give us in accordance with applicable data protection laws and our Privacy Policy, which can be found at https://www.querenciaconsultants.com/privacy-policy/. This includes information on how we protect your information, who we are allowed to give it to and how to exercise any of your rights in relation to it.
10.5 – Any marketing, educational or other materials of this nature whatsoever produced by QCW in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of QCW and will be subject to QCW’s copyright.
10.6 – A waiver of any right or remedy under the Agreement or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
10.7 – If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Agreement.
10.8 – The Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
10.9 – Any disputes or claims arising out of or in connection with the Agreement shall be governed by and interpreted in accordance with English law. Wherever you live, you can bring claims against QCW in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against QCW in the courts of the country you live in. QCW can claim against you in the courts of the country you live in.