Terms And Conditions
1.1 These Terms and Conditions constitute an agreement made between you and Simon Lewis Birch Art (sole trader), located at Bissoe , Cornwall TR48SS, United Kingdom (we, us), concerning your access to and use of the Simon Lewis Birch Art website (https://www.simonlewisbirchart.com) as well as any related applications (the Site).
1.2 The Site provides the following: Online portfolio to show artwork and purchase of original art and workshops from us. You agree that by accessing the Site, you have read, understood, and agree to be bound by these Terms and Conditions.
1.3 You may not access or use the Site for any purpose other than that for which we make the site and my services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
1.4 We reserve the right to modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you; you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
1.5 We reserve the right to change these conditions from time to time; your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check to determine whether the conditions have been changed.
2. Acceptable Use
2.1 All copyright is retained by the artist, Simon Lewis Birch. Images must not be resold or reproduced without the artist’s written permission.
2.2 No part of the Site, Services or or Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without my express prior written permission.
3. Content
3.1 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
3.2 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
3.3 Every care has been taken to show the artwork as accurately as possible with regard to size and colour. The image you see may be different due to slight variation between browsers, devices and screen settings. Any variation between the image represented and the actual artwork is not deemed a fault and such inconsistencies will not be a valid reason for return.
3.4 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
4. Links to third party content
4.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for any third party websites or applications or their availability or content.
4.2 We accept no responsibility for adverts or links contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk.
4.3 The Site may contain affiliate links which will grant us a commission if you purchase from those sites.
5. Sales
5.1 Artwork or workshops listed may be withdrawn from sale at any point by the artist for reasons such as, but not limited to, sale elsewhere or withheld for exhibition display.
5.2 If you purchase physical goods from the Site, my terms and conditions of supply https://simonlewisbirchart/purchasing-shipping/ will apply to the sales.
6. Security of Data
6.1We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure. We use a secure external payment process. In the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when ordering from the website.
Additional policies which also apply to your use of the Site include:
Our Privacy Notice https://simonlewisbirchart.com/privacy/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
7. Site Management
7.1 We do not guarantee that the Site will be secure or free from bugs or viruses.
7.2 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
YOGA CLASS DISCLAIMER
By booking a class with Simon Birch Dance – Yoga, you acknowledge the risks associated with physical exercise and you understand it is your own responsibility to consider your own health before joining any yoga class.
You understand that yoga is not a substitute for proper medical attention, examination, diagnosis or treatment. If you have any pre-existing medical conditions you will consult your doctor prior to participation in the yoga classes. In addition you will make the teacher aware of any medical conditions or physical limitations before the class.
If you are pregnant you will let the teacher know prior to the class and you understand that not all classes are suited to pregnancy and certain practices can pose further risks to yourself and unborn child/children.
Due to accessing the classes online from home, you will ensure that the area that you will be using is suitable and is safe and free from hazards; and regardless of your previous experience in yoga, you understand that it is your own responsibility to stop practising if you feel any discomfort or uncertainty about anything you are practising during the class.
Due to accessing the classes remotely, you exonerate and indemnify the teacher of yoga from any liability arising from any personal injury or medical complaint suffered (physical and/or mental) directly or indirectly as a result of attending a yoga class. Therefore, you participate in the Simon Birch Dance – Yoga online classes entirely at your own risk. You acknowledge there are risks involved in undertaking any exercise activity, including Yoga, and agree to hold Simon Birch entirely free from any liability, including financial responsibility for any injuries you may incur.
TERMS & CONDITIONS
The following Booking T&C pertain to Simon Birch Dance -Yoga only.
The Website T&C apply to all users of this website
Definitions:
· “I/us/we” means Simon Birch.
· “you” means any person that is using this website or accessing online classes.
· “T&C” means these terms and conditions.
· “Website” means www.simonbirchdance.com.
Simon Birch reserves the right to change the T&C as required.
All changes will be published on this page of the website.
TERMS & CONDITIONS FOR CLASS BOOKINGS
Group class booking procedure
All group classes can be booked via the link to Monoyoga, where you can register and book classes from the schedule.
Payment for all services is made at the time of booking.
All payments are by BACS, I do not take debit or credit card payments.
On receipt of payment you will be sent a confirmation email.
Once you have received your confirmation email your booking is made and is then subject to the Cancellation Policy.
Cancellations & refunds
Once payments have been made, no refunds or discounts are given for missed sessions.
All classes are non-refundable once the series of classes has commenced. The series of classes are deemed to have commenced at the start time of the first session.
If you inform me that you wish to drop out before the series of classes has commenced, you will receive a refund.
It may be possible to transfer your course place to another individual at the teacher’s discretion.
1:1 Private bookings
1:1 class are available online @ £46 per hour on a pay as you go
Booking procedure for private 1:1 sessions
Booking can be made by contacting me directly and arranging a mutually suitable time. Payment for 1:1 sessions is made once the session has been arranged (private bookings are not held without payment).
All payments are by BACS, I do not take debit or credit card payments.
On receipt of payment you will be sent a confirmation email.
Once you have received your confirmation email your booking is made and is then subject to the Cancellation Policy.
Private session cancellations and refunds
Private lessons are subject to a 24 hour cancellation policy.
Your payment for 1:1 sessions will be refunded if your session is cancelled more than 24 hours before the session start time.
If you cancel with less than 24 hours’ notice, you will be charged the full session fee.
Website
The following T&C pertain the use of the Simon Birch Dance website
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Simon Birch’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use the website.
Access to and use of the website is subject to the following terms and conditions
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
This website uses cookies to monitor browsing preferences.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. Contact us if you need assistance.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites.
These links are provided for your convenience to provide further information.
They do not signify that we endorse the website(s).
We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.